Agenda - 06-21-2011 - 5e - Laserfiche WebLink

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ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 21, 2011 Action Agenda Item No. 5 - ~ SUBJECT: Amendment to the Orange County Personnel Ordinance, Article II to Add Provisions for Disability and Reasonable Accommodation DEPARTMENT: Human Resources PUBLIC HEARING: (Y/N) No ATTACHMENT(S): 1. Draft Ordinance and Administrative INFORMATION CONTACT: Rules and Regulations Katherine Cathey, Interim Human Resources Director, 245-2553 M. Jewel Wray, Human Resources Manager, 245-2555 Annette Moore, Staff Attorney, 245-2317 PURPOSE: To consider approving the addition of Article II, Sections 1.5 and 1.6 and Section 3.0 Disability and Reasonable Accommodation to the Orange County Personnel Ordinance to formally adopt a policy in compliance with federal and state laws and regulations governing disability discrimination. BACKGROUND: The Americans with Disabilities Act Amendments Act (ADAAA) was enacted on September 25, 2008 and became effective on January 1, 2009. The law made a number of significant changes to the definition of "disability" under the Americans with Disabilities Act (ADA) of 1990. It also directed the U.S Equal Employment Opportunity Commission (EEOC) to amend its ADA regulations to reflect the changes made by the ADAAA. The EEOC issued a Notice of Proposed Rulemaking (NPRM) on September 23, 2009. The EEOC's regulations to implement the equal employment provisions of the ADAAA were effective March 25, 2011. Orange County does not have an official ADA policy. Article II, Section 1.0 of the Personnel Ordinance states, "The policy of Orange County is to foster, maintain and promote equal employment opportunity. The County prohibits discrimination in employment on the basis of race, color, national origin, religion, creed, sex, sexual orientation, age, disability, political affiliation and Vietnam-Era or disabled veteran status as provided in law." In practice, the County complies with the ADAAA and has along-standing practice of providing reasonable accommodation to qualified individuals with disabilities. A draft revised ordinance is attached. The County Manager will promulgate rules and regulations that will assist employees and applicants with understanding the implications of their rights and responsibilities under the ADAAA. Staff recommends that Article II, Sections 1.5 and 1.6 and Section 3.0 be added to the Orange County Personnel Ordinance to include the provisions of the ADAAA, as provided ~in Attachment 1. This amendment would make Orange County's Personnel Ordinance compliant with the ADAAA.