ORD-2011-020 Amendment to Personnel Ordinance, Article II for Disability & Reasonable Accommodation

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Orange County Personnel Rules and Regulations Manual Issue Date: 6/22/2011 9 disciplined for the work performance and held to the same standards as other employees. 6. Positions Involving Food Handling The ADA recognizes that persons with certain communicable diseases should not be employed in positions involving food handling. The Secretary of Health and Human Services has the responsibility for maintaining a list of diseases which are transmitted through the handling of food. Orange County may refuse to assign or may discontinue assigning an individual with such a disease to a job which includes food handling. 7. Prohibition Against Retaliation and Coercion Threatening, coercing, intimidating or otherwise interfering with someone's rights under the ADAAA is prohibited. The ADAAA specifically protects from retaliation individuals who oppose any act made unlawful by the ADAAA. In addition, anyone who makes a charge, testifies, or participates in any investigation covered under the ADAAA is protected from retaliation, intimidation and harassment. 8. Physical Barriers New buildings must be -built so that they are readily accessible to individuals with disabilities. Architectural barriers must be removed from existing buildings if such removal is "readily achievable." Readily achievable is a standard which allows organizations to determine if the changes can be made without great difficulty or expense. If a facility is undergoing renovation, then the renovated area must be made accessible.. County departments should be accessible to hearing impaired- individuals. Numbers for phone lines for the hearing impaired should be published in local phone. directories. In all instances, the Human Resources Department is available to assist departments in working through individual issues surrounding the ADAAA such as determining what reasonable accommodation would be for a particular position, defining the essential functions of a position, or determining appropriate pre - employment inquiries. V. PROCESS FOR PROVIDING REASONABLE ACCOMMODATION The process of identifying if, and to what extent, a reasonable accommodation is required should be flexible, and involve both Orange County and the individual with the disability. Determinations as to a particular individual's qualifications and any potential accommodation must necessarily be made on a case -by -case basis. To determine the appropriate reasonable accommodation, it will be necessary for Orange County to initiate an interactive process with the qualified individual once the individual has disclosed a disability or requested accommodation. This interactive process is helpful as the individual seeking the Page 7