Section 22-B8308. AMERICANS WITH DISABILITIES ACT

 

8308.1Policy: The PBC shall comply with the Americans with Disabilities Act of 1990 (“ADA”). The PBC shall make efforts to provide reasonable accommodation of qualified individuals with a disability, provided they can perform the essential functions of the job, whether or not an accommodation is necessary to enable them to do so.

 

8308.2The following terms used under in the ADA provide guidance as to the PBC’s compliance with ADA:

 

(a)Persons Protected by ADA: Under the ADA, a “qualified individual with a disability” is as a person with a disability that, with or without reasonable accommodation, can perform the essential functions of the job. A “disability” is considered as follows:

 

(1)A physical or mental impairment that substantially limits one or more major life activities;

 

(2)A record of having such impairment; and

 

(3)Being regarded as having such impairment.

 

(b)Essential Functions: A factual determination of the essential functions of a particular position shall be made on a case by case basis. Essential functions of a job are considered to be the following:

 

(1)Duties that are fundamental to the position;

 

(2)Tasks which, if removed, would fundamentally alter the position;

 

(3)Adverse consequences that may result from failing to have the function performed; and

 

(4)Tasks which only a limited number of employees are available to perform.

 

(c)Reasonable Accommodation: The ADA requires employers to provide employees with a reasonable accommodation so that they can continue or obtain employment. Reasonable accommodation is determined on a case by case basis. Reasonable accommodation does not include action that constitutes an undue hardship to the employer that may require significant difficulty or expense. Reasonable accommodations include, but are not limited to the following:

 

(1)Making employee facilities accessible;

 

(2)Job restructuring;

 

(3)Part-time or modified work schedules;

 

(4)Reassignment to vacant position;

 

(5)Acquiring or modifying equipment;

 

(6)Modification of examinations;

 

(7)Modification of training materials;

 

(8)Modification of policies;

 

(9)Qualified interpreters or readers; and

 

(10)Other action.

 

8308.3Procedure: Whenever an issue concerning an employee’s physical or mental ability to perform a job arises, Human Resources must be contacted. A department representative shall review the issue and, with the assistance of the department head and in consultation with the employee, where appropriate, determine the appropriate action.

 

source

Final Rulemaking published at 45 DCR 7353, 7370 (October 9, 1998).