ADA REASONABLE ACCOMMODATION POLIY (HR2429) 6-9-2021.PDF

MARICOPA COUNTY INTERNAL POLICY
Policy Title: Policy Number: HR2429
ADA/ADAAA REASONABLE
Current Adoption
06-09-2021
ACCOMMODATION FOR APPLICANTS AND Date:
EMPLOYEES Current
06-09-2021
Implementation Date:
Board Agenda
Approved by: C-31-21-081-X-00
Number:
BOARD OF SUPERVISORS Original Adoption
10-19-2016
Date:
I. PURPOSE
To provide guidelines and procedures for employees and job applicants who request a Reasonable
Accommodation due to a Disability as defined by the Americans with Disabilities Act (ADA) and the Americans
with Disabilities Act Amendments Act (ADAAA).
The ADA and the ADAAA prohibit discrimination against Qualified Individuals with disabilities in job application
procedures, hiring, firing, advancement, compensation, training, and other terms, conditions, and employment
privileges. Employers are also required to provide Reasonable Accommodations to applicants and qualified
employees so they may compete for or perform the Essential Job Functions of the job.
II. APPLICATION
This Policy applies to all employees and job applicants of Maricopa County appointed Departments as well as
the Flood Control District of Maricopa County, the Maricopa County Library District, and the Maricopa County
Stadium District (Special Districts). The Board of Supervisors is authorized to jointly adopt policies applying to
the Special Districts under the Intergovernmental Agreement, C-06-18-393-6-00, approved on April 11, 2018.
This Policy applies to County elected offices unless the elected official has implemented an ADA/ADAAA
policy specific to his or her respective office.
III. DEFINITIONS
As used in this Policy, all terms are intended to follow the definitions stated in the ADA, ADAAA, and the
implementing regulations (29 C.F.R. §1630.2), some of which are summarized below.
A. Appointing Authority: An elected official, the single administrative or executive head of a
Department/Special District or the designated representative authorized to act in this capacity.
B. Department HR: The employee’s assigned internal human resources office. If there is no departmental
human resources office, then it refers to the department’s assigned HR liaison.
C. Direct Threat: A significant risk of substantial harm to the health, safety, or well-being of individuals with
disabilities or others, which cannot be eliminated or reduced by an accommodation.
D. Disability: 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.
E. Essential Job Functions: The fundamental job duties of a position; excluding marginal functions.
F. Major Life Activities: Include, but are not limited to, caring for oneself, performing manual tasks, seeing,
hearing, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, breathing,
learning, reading, concentrating, thinking, communicating, interacting with others, working, and major
bodily functions. Major bodily functions include, but are not limited to, functions of the immune system,
special sense organs and skin, normal cell growth, digestive, genitourinary, bowel, bladder, neurological,

Policy Title: Policy Number: HR2429
ADA/ADAAA REASONABLE
ACCOMMODATION FOR APPLICANTS AND Current Adoption
06-09-2021
EMPLOYEES Date:
brain, respiratory, circulatory, cardiovascular, endocrine, hemic, lymphatic, musculoskeletal, and
reproductive functions.
G. Mitigating Measure: A measure that eliminates or reduces the symptoms or impact of impairment,
including, but not limited to medication, medical equipment and devices, prosthetic limbs, low vision
devices (not including ordinary eyeglasses or contacts), hearing aids, mobility devices, oxygen therapy
equipment, use of assistive technology, Reasonable Accommodations, learned behavioral or adaptive
neurological modifications, psychotherapy, behavioral therapy, and physical therapy.
H. Qualified Individual: An individual with a Disability who satisfies the requisite skills, experience,
education, and other job-related requirements of the position held or desired and, with or without
Reasonable Accommodation, can perform the Essential Job Functions.
I. Reasonable Accommodation(s): Any change to the application, hiring process, way the job is usually
done, or work environment that enables a Qualified Individual to perform the Essential Job Functions of
the job or enjoy equal benefits and privileges of employment without imposing an Undue Hardship or a
Direct Threat.
J. Undue Hardship: An action requiring significant difficulty or expense on the part of the County in acquiring
or providing certain accommodations, when considered in light of a number of factors. These factors
include, but are not limited to, the nature and cost of the accommodation(s) in relation to the size,
resources, nature, and structure of the operations of the department and County. Undue hardship is
determined on a case-by-case basis.
IV. REASONABLE ACCOMMODATION
A. Whether an accommodation is reasonable depends on the job duties, the department’s operations, the
individual’s needs, and numerous other factors without regard to Mitigating Measures.
B. A specific position change, adjustment, or modification that results in an Undue Hardship or a Direct
Threat, is not considered reasonable and therefore not required.
C. Employers are not required to eliminate or reallocate Essential Job Functions or to create an entirely new
position as an accommodation.
D. Employees and applicants are encouraged to bring forward their ideas for Reasonable Accommodations.
E. Employers and applicants/employees should engage in a flexible, interactive process to identify
accommodation options that do not constitute an Undue Hardship. If a particular accommodation poses
an Undue Hardship, employers and applicants/employees should work together to determine if there may
be an alternative that could be provided that does not pose such problems.
F. Possible Reasonable Accommodations include, but are not limited to:
1. Acquisition or modification of equipment or devices to assist in performing job functions.
2. Modification of facilities or workstation.
3. Modification of work schedule consistent with business needs.
4. Reallocating or redistributing non-essential, marginal job functions.
5. Altering when or how a function, essential or marginal, is performed.
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Policy Title: Policy Number: HR2429
ADA/ADAAA REASONABLE
ACCOMMODATION FOR APPLICANTS AND Current Adoption
06-09-2021
EMPLOYEES Date:
6. Transitional assignment where work that is modified and/or temporary in nature is assigned to an
employee who is temporarily unable to perform all of his or her Essential Job Functions, with or without
Reasonable Accommodation.
a. Generally, involves performing some, but not all, of the Essential Job Functions or other duties or
functions within a department for a limited time.
b. Not available in all situations. When available, an Appointing Authority may place an employee
on a limited-length transitional assignment after considering the anticipated duration of restrictions
and the reasonable probability of a release to full duty without restrictions.
7. Taking an extended or intermittent leave of absence when necessitated by an employee’s Disability
and the requested leave will allow the employee to return to work immediately after the leave ends or
very soon thereafter, and no other Reasonable Accommodation is available that would enable the
employee to return to work.
8. Reassignment or transfer to a vacant position, at the same or lower market range as the employee’s
current position, when no other Reasonable Accommodations are available.
a. The employee’s pay rate will be adjusted to the applicable pay rate of the vacant position, if
necessary.
b. The department shall work with Human Resources to identify eligible vacant positions or positions
that may become vacant within 60 days from the date the search is initiated.
c. The employee must be qualified and able to perform the position’s Essential Job Functions, with
or without a Reasonable Accommodation.
d. Employee Merit System definitions and provisions related to demotion and transfer do not apply
to personnel actions made due to a Reasonable Accommodation.
e. While reassignment is an option under the interactive process, placement is not guaranteed. An
employer is not obligated to create a position or promote an employee to a vacant position.
V. PROCEDURES
A. Applicants
1. Requesting a Reasonable Accommodation
a. An applicant with a Disability, a family member, a health care professional, or other representative
acting on behalf of the applicant, may request an accommodation.
b. Auxiliary aids and services are available to individuals upon request and will be determined on a
case by case basis.
c. Reasonable Accommodations made for testing, interviewing, or other aspects of the application
and selection processes may not be Reasonable Accommodations for employment.
2. The Interactive Process
a. Upon receipt of an accommodation request, Central FMLA/ADA will review it and respond to the
applicant promptly to enable the applicant to participate in the employment application processes.
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Policy Title: Policy Number: HR2429
ADA/ADAAA REASONABLE
ACCOMMODATION FOR APPLICANTS AND Current Adoption
06-09-2021
EMPLOYEES Date:
An applicant’s request for accommodation and any medical information provided will be kept
confidential to the extent permitted by law.
b. Central FMLA/ADA will notify the department regarding accommodation needs for applicants, if
necessary, to participate in additional phases of the screening process.
c. An applicant dissatisfied with the final resolution of a Reasonable Accommodation request may
contact the Maricopa County Human Resources Director within 14 calendar days after receiving
notice of the final resolution.
B. Employees
1. Requesting a Reasonable Accommodation
a. An employee with a Disability, a family member, a health care professional, or other representative
acting on behalf of the employee may request a Reasonable Accommodation verbally or in writing.
b. Verbal requests will start the Reasonable Accommodation process; however, for recordkeeping
purposes, the requestor may be asked to complete a Reasonable Accommodation request form.
Alternative means of submitting an accommodation request, such as by personal interview or a
tape recording, will be made available upon request.
c. An employee is not guaranteed the accommodation requested.
2. Receipt by Supervisor
a. Generally, supervisors should not make disability-related inquiries. If an employee tells a
supervisor about a medical condition causing difficulty at work, the supervisor should immediately
notify Department HR or Central FMLA/ADA for guidance. A supervisor should also contact
Department HR or Central FMLA/ADA if there is a reasonable belief based on objective evidence
that an employee may be unable to perform his or her Essential Job Functions because of a
medical condition; or, the employee may pose a Direct Threat because of a medical condition.
b. If an employee makes an accommodation request to a supervisor, the supervisor should:
i. Acknowledge receipt of the request and let the employee know that the request will be referred
to Department HR for the next steps.
ii. Forward the request to Department HR as soon as possible, but no later than two business
days after receiving the request.
iii. Not address the request directly or make changes to position duties or performance
expectations without direction from Department HR or Cetnral FMLA/ADA.
c. Department HR and Central FMLA/ADA will determine what further action is necessary to process
the request, based upon the circumstances.
3. The Interactive Process
a. Central FMLA/ADA will review the request for accommodation and engage in the interactive
process with the employee.
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Policy Title: Policy Number: HR2429
ADA/ADAAA REASONABLE
ACCOMMODATION FOR APPLICANTS AND Current Adoption
06-09-2021
EMPLOYEES Date:
b. Employees are responsible for cooperating and fully engaging in the interactive process (e.g.,
discussing potential limitations, providing health care information, etc.). An employee’s failure to
engage in the interactive process may result in a denial of the accommodation request.
c. The interactive process may include, but is not limited to:
i. When the Disability and Disability-related need for an accommodation is obvious, no
supporting medical documentation may be required. When either is not obvious, the employee
may be asked to provide timely documentation or a limited HIPAA release for Central
FMLA/ADA to obtain documentation from the health care providers regarding the Disability
and need for accommodation.
ii. If health care providers do not clearly identify the employee’s work capabilities, limitations,
and anticipated frequency and duration of the limitations, Central FMLA/ADA may request
clarification or additional information.
iii. If appropriate, transitional assignments may be granted while the interactive process occurs
and the accommodation request is evaluated.
iv. Central FMLA/ADA will work closely with employees, supervisors, and departments to explore
possible, Reasonable Accommodations, or other available options.
v. The department will consider identified accommodations and may select from among a
number of effective Reasonable Accommodation options.
vi. When no Reasonable Accommodation is available in the department, Central FMLA/ADA will
evaluate whether options exist to reassign the employee to another position within the County,
or if additional financial resources are available to implement a Reasonable Accommodation.
vii. When the Appointing Authority, in conjunction with Central FMLA/ADA, believes that
reassignment is not possible, or implementing an accommodation would result in an Undue
Hardship or Direct Threat, the employee may be separated from employment. Prior to
communicating a final decision to the employee, the Appointing Authority must obtain the
approval of the Maricopa County Human Resources Director.
VI. CONFIDENTIALITY
A. All requests and Reasonable Accommodations granted as well as medical information obtained through
the interactive process must be kept confidential, to the extent permitted by law, and separate from the
employee’s personnel file.
B. Information about the accommodations and restrictions will be provided to the employee’s department
supervisors or managers on a need-to-know basis.
C. All supervisors and managers in receipt of such information shall keep the information confidential. If a
supervisor or manager receives medical information directly from the employee, that information should
be provided to Department HR and otherwise be kept confidential to the extent permitted by law.
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Policy Title: Policy Number: HR2429
ADA/ADAAA REASONABLE
ACCOMMODATION FOR APPLICANTS AND Current Adoption
06-09-2021
EMPLOYEES Date:
Revision History
Version Revision Date Description of Revision
1 10-19-2016 Initial version (C-92-17-002-6-00)
2 05-19-2021 Update for consistency with centralization of ADA (C -31-21-081-X-00)
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