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

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Orange County Persflnnel Rules and Regulations Manual Issue Date: 6/22/2011 4 III. RULE The purpose of this rule is to implement and give effect to Article II, Section 9.0 of the Orange County Personnel Ordinance "Americans with Disabilities Act Amendments Act (ADAAA)." This policy is intended to carry out the purpose of the Orange County Personnel Ordinance Article II, Section 9.0 and to comply with applicable state and federal regulations governing disability discrimination. All state and local government employers with 15 or more employees are required to comply with the ADAAA. The Equal Employment Opportunity Commission (EEOC) has enforcement authority for the employment provisions of the ADAAA. These Administrative Rules and Procedures provide consistent application of the Ordinance to ensure that Orange County employees are treated in a manner that equals or exceeds the requirement of the ADAAA and any amendments thereto, IV. ADMINISTRATIVE RULES AND REGULATIONS A. This policy applies to all qualified individuals with a disability who are employees or applicants. The ADAAA requires the County to take specific steps to ensure that an individual with a disability does not experience discrimination in the employment process. The County will provide reasonable accommodation to an employee or job applicant with a disability, unless doing so would cause significant difficulty or expense for the County ("undue hardship"). In addition, the ADA guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, State and local government services, and telecommunications. All supervisors of Orange County must be familiar with the provisions of the ADAAA and are expected to adhere to it when making employment or service delivery decisions. B. Definitions 1. Disability: a. A physical or mental impairment that substantially limits one or more major life activities (sometimes referred to in the regulations as an "actual disability"), or b. a record of a physical or mental impairment that substantially limited a major life activity ("record ofl'), or c. when an employer takes an action prohibited by the ADA because of an actual or perceived impairment that is not both transitory and minor ("regarded as"). The definition of disability will be interpreted broadly. Mitigating measures other than ordinary eyeglasses or contact lenses shall not be considered when assessing whether an individual has a disability. In addition, impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active. Page 2