American with Disability Act (ADA ADAAA)
Effective: 06-22-20
Supersedes: HR 401
Purpose: To ensure compliance with the Rehabilitation Act of 1973, the Americans with Disabilities Act (ADA), and the Americans with Disabilities Act Amendments Act (ADAAA).
Policy: Brewster and EasCare Ambulance Service is committed to providing equal employment opportunities and affirmative action to individuals with disabilities, those regarded as having disabilities and those associated with individuals with disabilities. Accordingly, we do not discriminate against qualified individuals with disabilities in regard to application procedures, hiring, advancement, discharge, compensation, training, or other terms, conditions and privileges of employment. Brewster and EasCare Ambulance Service complies with all federal and state laws concerning the employment of persons with disabilities and acts in accordance with regulations and guidance issued by the Office of Federal Contract Compliance Programs (OFCCP) and the Equal Employment Opportunity Commission (EEOC).
Definition(s):
“Disability” refers to a physical or mental impairment that substantially limits one or more major life activities of the individual, a record of such an impairment or being regarded as having such an impairment.
“Major life activities” refers to the following: caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating and working.
“Major bodily functions,” refers to a term in the Americans with Disabilities Act Amendments Act (ADAAA) and may include physical or mental impairment such as any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more body systems, such as neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, immune, circulatory, hemic, lymphatic, skin and endocrine. Also covered are any mental or psychological disorders, such as intellectual disability (formerly termed “mental retardation”), organic brain syndrome, emotional or mental illness, and specific learning disabilities.
“Substantially limiting” refers to and is in accordance with the ADAAA final regulations, the determination of whether an impairment substantially limits a major life activity requires an individualized assessment, and an impairment that is episodic or in remission may also meet the definition of disability if it would substantially limit a major life activity when active. Some examples of these types of impairments may include epilepsy, hypertension, asthma, diabetes, major depressive disorder, bipolar disorder and schizophrenia. An impairment such as cancer that is in remission but that may possibly return in a substantially limiting form is also considered a disability under EEOC final ADAAA regulations.
“Direct threat” refers to a significant risk to the health, safety or well-being of individuals with disabilities or others when this risk cannot be eliminated by reasonable accommodation.
“Qualified individual” refers to an individual who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires.
“Reasonable accommodation” refers to any changes to the work environment and may include making existing facilities readily accessible to and usable by individuals with disabilities; job restructuring; part-time or modified work schedules; telecommuting; reassignment to a vacant position; acquisition or modification of equipment or devices; appropriate adjustment or modifications of examinations, training materials or policies; the provision of qualified readers or interpreters; and other similar accommodations for individuals with disabilities.
“Undue hardship” refers to an action requiring significant difficulty or expense by Brewster and EasCare Ambulance Service determining whether an accommodation would impose an undue hardship, factors to be considered include:
· The nature and cost of the accommodation.
· The overall financial resources of the facility or facilities involved in the provision of the reasonable accommodation, the number of persons employed at such facility, the effect on expenses and resources, or the impact of such accommodation on the operation of the facility.
· The overall financial resources of the employer; the size, number, type and location of facilities.
· The type of operations of the company, including the composition, structure and functions of the workforce; administrative or fiscal relationship of the particular facility involved in making the accommodation to the employer.
· The impact of the accommodation on the operation of the facility.
“Essential functions of the job” refers to those job activities that are determined by Brewster and EasCare Ambulance Service to be essential or core to performing the job; these functions cannot be modified.
The examples provided in the above terms are not meant to be all-inclusive and should not be construed as such. They are not the only conditions considered to be disabilities, impairments or reasonable accommodations covered by Brewster and EasCare Ambulances policy.
Eligibility
Brewster and EasCare Ambulance Service will engage in the interactive process to find reasonable accommodation for qualified individuals with a disability to enable them to perform the essential functions of a job, unless doing so causes an undue hardship to the company, or a direct threat to these individuals or others in the workplace, and the threat cannot be eliminated by reasonable accommodation.
When an individual with a disability is requesting accommodation and can be reasonably accommodated without creating an undue hardship or causing a direct threat to workplace safety, they will be given the same consideration for employment as any other employee or applicant.
All employees are required to comply with company safety standards. Current employees who pose a direct threat to the health and safety of themselves or other individuals in the workplace will be placed on appropriate leave until Brewster and EasCare Ambulance Service can make a lawful and reasonable decision in regard to continued employment.
Individuals who are active illegal drug users are excluded from coverage under the Brewster and EasCare Ambulance Service Disabilities policy.
Procedure
Brewster and EasCare Ambulance Service Human Resources (HR) department is responsible for implementing this policy, including requests for and resolution of reasonable accommodations, safety and direct threat determinations, and undue hardship issues. All requests for reasonable accommodations should be presented to the HR department or department manager or supervisor.