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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.