§ 5-6-9. REASONABLE ACCOMMODATION TO PEOPLE WITH DISABILITIES; GUIDELINES.

(A)

The City and its contractors shall make reasonable accommodation to the known physical or mental limitations of an otherwise qualified disabled applicant or employee unless the City can demonstrate that the accommodation would impose an undue hardship on the operation of its program.

(B)

Reasonable accommodation may include: making facilities used by employees readily accessible to and usable by people with disabilities; and job restructuring, part-time or modified work schedules, acquisition or modification of equipment or devices, the provision of readers or interpreters, and other similar actions.

(C)

In determining pursuant to Subsection (A) whether an accommodation would impose an undue hardship on the operation of a City or contracted program, factors to be considered include:

(1)

the overall size of the program with respect to number of employees, number and type of facilities, and size of budget;

(2)

the type of operation, including the composition and structure of the work force; and

(3)

the nature and cost of the accommodation needed.

(D)

An employment opportunity may not be denied to a qualified disabled employee or applicant if the basis for the denial is the need to make reasonable accommodation to the physical or mental limitations of the employee or applicant.

(E)

The City and its contractors shall not make use of any employment test or other selection criterion that screens out or tends to screen out people with disabilities unless:

(1)

the test score or other selection criterion is shown to be job-related for the position in question; and

(2)

alternative job-related tests or criteria that do not screen or tend to screen out as many people with disabilities are not shown by the director to be available.

(F)

The City and its contractors shall select and administer tests concerning employment so as best to ensure that, when administered to an applicant or employee who has a disability that impairs sensory, manual, or speaking skills, the test results accurately reflect the applicant's job skills, aptitude, or whatever other factor the test purports to measure, rather than reflecting the applicant's or employee's impaired sensory, manual or speaking skills (except where those skills are the factors that the test purports to measure).

(G)

Except as provided in Subsections (A) and (B), the City and its contractors shall not conduct pre-employment medical examinations or may not make pre-employment inquiry of an applicant as to whether applicant is a person with disabilities or as to the nature or severity of a disability. A pre-employment inquiry or medical examination may be made, however, into an applicant's ability to perform job-related functions.

(H)

When the City or any of its contractors are taking remedial action to correct the effects of past discrimination, when a voluntary action is taken to overcome the effects of conditions that resulted in limited participation in programs or activities, or when an affirmative action effort is being taken, applicants for employment may be invited to indicate whether and to what extent they are disabled. Information obtained in accordance with this section as to the medical condition or history of the applicant shall be collected and maintained on separate forms that shall be accorded confidentiality as medical records, except that:

(1)

supervisors and managers may be informed regarding restrictions on the work or duties of people with disabilities and regarding necessary accommodations;

(2)

first aid and safety personnel may be informed, where appropriate, if the condition might require emergency treatment; and

(3)

government officials investigating compliance with this chapter shall be provided relevant information upon request.

Requests for the release of disabled applicant or employee information by those individuals listed above will occur only through a medical release executed by the affected person with disabilities.

Source: 1992 Code Section 7-6-9; Ord. 031106-12; Ord. 031211-11.