HomeMy WebLinkAboutPolicy 48 - ADA/FEHA Disability PolicyOTAY WATER DISTRICT
BOARD OF DIRECTORS POLICY
Subject: Policy
Number
Date
Adopted
Date
Revised
ADA/FEHA Disability Policy 48 05/03/06 01/04/17
Page 1 of 2
PURPOSE
To provide policies to encourage a bias free environment for disabled
employees or for disabled persons who seek employment with the Otay
Water District (District).
STATEMENT OF POLICY
It is the policy of the District not to discriminate on the basis of
disability for employment or the provision of services. It is the
intent of the District to provide disabled employees a bias free work
environment, including prompt and equitable resolution of complaints
alleging discrimination on the basis of a disability. The District will
provide reasonable accommodation in compliance with the Americans with
Disabilities Act (“ADA”) and the Fair Employment and Housing Act
(“FEHA”) provided the requested accommodation does not create an undue
hardship for the District or pose a direct threat to the health or
safety of others in the workplace or to the requesting employee.
POLICY
General Provisions
The District has a commitment to ensure equal opportunities for
disabled District employees. Every reasonable effort will be made to
provide an accessible work environment. The District will not
discriminate against disabled employees or job applicants in its
employment practices (e.g. hiring, training, testing, transfer,
promotion, compensation, benefits, discipline, termination).
Interactive Process
When the District becomes aware of a possible need for accommodation,
the District will engage in the interactive process, as defined by the
ADA and the FEHA, to determine whether an employee or job applicant is
able to perform his/her essential functions. As part of the interactive
process, the District may invite the employee or job applicant and, if
necessary, the employee or job applicant’s health care provider, to
meet. The employee may choose to have a third party present for support
as an observer. However, this person may not act as a representative or
attempt to negotiate on behalf of the employee. During the interactive
process the District will examine possible reasonable accommodations
that would allow the employee or job applicant to continue to perform
the essential functions in his/her position or, if appropriate, be
otherwise employed by the District.
OTAY WATER DISTRICT
BOARD OF DIRECTORS POLICY
Subject: Policy
Number
Date
Adopted
Date
Revised
ADA/FEHA Disability Policy 48 05/03/06 01/04/17
Page 2 of 2
Complaints
Any District employee who believes that he/she has been discriminated
against because of a physical or mental disability may file a
discrimination complaint pursuant to the District’s Policy 47, entitled
“Policy Against Discrimination, Harassment, Retaliation and Complaint
Procedure”.
Any job applicant who believes that he/she has been discriminated
against because of a physical or mental disability may file a
discrimination complaint by writing a formal letter to the District’s
Human Resources Manager.
The action of filing a complaint with the District does not preclude a
complainant from filing a complaint with the appropriate State or
Federal agency. An employee or job applicant may contact the Americans
with Disability Act at www.ada.gov or (800)514-0301, or the Department
of Fair Employment and Housing at www.dfeh.ca.gov or (800) 884-1684 to
file a complaint, or for information relating to discrimination
complaint procedures and requirements.