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

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Orange County Personnel Rules and Regulations Manual Issue Date: 6/22/2011 ~ An accommodation that would cause "undue hardship" would not be reasonable. Undue hardship refers to an action that is unduly costly, extensive, substantial, disruptive, or that would fundamentally alter the nature of the program. When considering cost of an accommodation, Orange County cannot consider a cost that is borne by another agency or organization. In some instances a person with a disability may already have equipment which could be used at the work site or may have access to grants from another agency to purchase such equipment. Also, if two options for accommodation are available, it is the Orange County's right to choose the least . expensive option. However, advancement of the person on the job and future needs as the person develops in the position should be taken into consideration when determining what an appropriate and reasonable accommodation is. The accommodations made should not limit an employee's opportunities for advancement. If an applicant or employee initiates a discussion regarding reasonable accommodation, the supervisor should discuss with the applicant or employee what reasonable accommodation can be made. In all instances, the Human Resources Department should be consulted to discuss what would constitute appropriate and reasonable accommodation in any particular situation. 3. Employment Related Physical and Psychological Examinations Under the ADAAA, any physical or psychological examination prior to an offer of employment is prohibited. A job offer can be made on the condition that the applicant pass a physical and/or psychological examination if all entering employees in the same job category are subject to such an examination and/or inquiry regardless of disability. The job offer must first be made, and it is essential to clearly state that the offer is contingent on the results of the exam. Under any circumstance, an examination must meet the test of job relatedness and be consistent with business necessity. This would also be the criteria for any post-employment exams. In order to utilize employment related physical and- psychological exams as an employment criteria, an assessment of the position must first be made by an approved agency. Physical Agility tests, which may be used in screening for law enforcement or other safety sensitive positions, are not considered physical exams. Any physicallpsychological exam beyond this must meet the above criteria. Medical inquiries must be made on separate forms from other application materials. Medical information must also be kept confidential and separate from other employee files. It will be critical that results of physical/psychological exams and drug testing be accessible only to individuals on a need-to-know basis. Results of employment related physical and psychological examinations must be forwarded to the Human Resources Department and be maintained separate from the employee's personnel file and secured with restricted access. Departments may not retain copies of any employee medical information under any circumstances. 4. Essential Job Functions Page 5