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

MARICOPA COUNTY INTERNAL POLICY
Policy Title: Policy Number: HR2429
ADA/ADAAA REASONABLE
Current Adoption
0610-1909-201621
ACCOMMODATION FOR APPLICANTS AND Date:
EMPLOYEES Current
0610-1909-201621
Implementation Date:
Board Agenda C-3192-2117-0812-
Approved by: Number: X-00
BOARD OF SUPERVISORS Original Adoption
10-19-2016
Date:
I. PURPOSE
Tohis Policy provides guidelines and procedures for employees and job applicants for employment who are
requesting a Reasonable Accommodation due to a Ddisability as defined by the Americans with Disabilities
Act (ADA) and the Americans with Disabilities Act Amendments Act (ADAAA).
The Americans with Disabilities Act (ADA) and the Americans with Disabilities Act Amendments Act (ADAAA)
prohibit discrimination against Qualified Individuals with disabilities in job application procedures, hiring, firing,
advancement, compensation, training, and other terms, conditions, and privileges of employmentemployment
privileges. The ADA and ADAAA also require eEmployers are also required, when needed, to provide
Reasonable Accommodations to applicants and qualified employees so they may compete for and/or perform
the Essential Job Functions of the job. This Policy provides guidelines and procedures for employees and
applicants for employment who are requesting a Reasonable Accommodation due to a disability as defined
by the ADA and ADAAA.
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 ( and Maricopa County 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 officicesals unless the County elected
official has implemented an ADA/ADAAA policy specific to their his or her respective Ooffice.
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 Human Resources: The employee’s assigned internal human resources office. If there is
no Ddepartmental Hhuman rResources Ooffice, then it refers to the Ddepartment’s assigned HR Lliaison.
C. Department/Special District (Department): A division of the County, including elected Offices and/or
Special Districts.
D.C. Direct Threat: A significant risk of substantial harm to the health, safety, or well-being of
individuals with disabilities or others, whichen this risk cannot be eliminated or reduced by an Reasonable
Aaccommodation.
E. 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.

Policy Title: Policy Number: HR2429
ADA/ADAAA REASONABLE
ACCOMMODATION FOR APPLICANTS AND Current Adoption
0610-1909-201621
EMPLOYEES Date:
F.D. Employment Services: The division of the Maricopa County Human Resources Department
responsible for ADA/FMLA compliance assistance.
G.E. Essential Job Functions: The fundamental job duties of thea employment position; excluding
the individual with a disability holds or desires. It does not include the marginal functions of the position.
H.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, and working, and major
bodily functions. Major life activities also include the term “major bodily functions,” which may include, but
are not limited to, functions of the immune system, special sense organs and skin;, normal cell growth;,
and digestive, genitourinary, bowel, bladder, neurological, brain, respiratory, circulatory, cardiovascular,
endocrine, hemic, lymphatic, musculoskeletal, and reproductive functions. The operation of a major bodily
function includes the operation of an individual organ within a body system.
I.G. Mitigating Measure: A measure that eliminates or reduces the symptoms or impact of impairment,
including, but not limited to. These include 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, and learned behavioral or
adaptive neurological modifications, psychotherapy, behavioral therapy, and physical therapy.
J.H. Qualified Individual: With respect to aAn individual with a Ddisability, means that the individual
who satisfies the requisite skills, experience, education, and other job-related requirements of the
employment position held such individual holds or desiresd and, with or without Reasonable
Accommodation, can perform the Essential Job Functions of such position.
K.I. Reasonable Accommodation(s): Any changes 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 work environment, or to the manner or
circumstances under which the position held or desired is customarily performed, that enables a Qualified
Individual with a disability to perform the Essential Job Functions of that position without imposing an
Undue Hardship on the County or imposing a Direct Threat to the safety of the individual or others in the
workplace.
L.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. . A determination
of Undue Hardship is based on severalThese factors, includeing, but are not limited to, the nature and
cost of the Reasonable Aaccommodation(s) in relation to the size needed;, the overall financial resources
and number of employees of the Department involved in providing the Reasonable Accommodation; the
effect of the Reasonable Accommodation on expenses, resources, nature, and structure of the operations
of theat Ddepartment; and the overall financial resources and operations of the County. Undue hardship
is determined on a case-by-case basis.
IV. POLICY
. It is the policy of Maricopa County to comply with all federal and state laws concerning the employment of
persons with disabilities and not to discriminate against Qualified Individuals with disabilities in regard to
application procedures, recruitment, selection, hiring, firing, advancement, compensation, training or other
terms, conditions and privileges of employment. Maricopa County will Reasonably Accommodate
Qualified Individuals with disabilities so that they can perform the Essential Job Functions of their
positions. In addition, Maricopa County will make Reasonable Accommodations to enable applicants with
disabilities to apply for positions with the County and participate in application and selection processes.
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Policy Title: Policy Number: HR2429
ADA/ADAAA REASONABLE
ACCOMMODATION FOR APPLICANTS AND Current Adoption
0610-1909-201621
EMPLOYEES Date:
VI.IV. REASONABLE ACCOMMODATION
A. Whether an accommodation is reasonable depends onupon the nature of the job duties to be performed,
the department’s operations of the Department, the individual’s needs of the individual, 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 if, under the circumstances involved, it
would result in an Undue Hardship to the Department or a Direct Threat to the health and safety of the
individual with a disability or others.
C. Employers are not required to eliminate or reallocate Essential Job Functions or to create an entirely new
position as an Reasonable Aaccommodation.
D. EAn employees andor applicants isare encouraged to bring forward their own ideas for Reasonable
Accommodations that may assist them.
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.
A.F. PThe list below is intended to provide examples of possible Reasonable aAccommodations
include, but are not limited to: that may be considered; it is not an exhaustive list.
1. Acquisition or modification of equipment or devices: Certain individuals with disabilities may require
specific equipment or modifications to existing equipment to assist in performing job functions.
2. Modification of facilities or workstation: Making existing facilities readily accessible and usable by
individuals with disabilities, such as installation of wheelchair ramps and physical modifications of
work stations, restrooms and break rooms, etc.
3. Modification of work schedule: Adjusting a work schedule, consistent with business needs, to
accommodate an employee’s special needs, \such as medical treatments or therapy which may be
required.
4. Job restructuring: Reallocating or redistributing non-essential, marginal job functions.
4.5. that an employee is unable to perform because of a disability and aAltering when and/or how a
function, essential or marginal, is performed. Employers are not required to eliminate or reallocate
Essential Job Functions or to create an entirely new position as a Reasonable Accommodation.
6. Transitional assignment where: Wwork that is modified and/or temporary in nature that is assigned to
an employee who is temporarily unable to perform all of his or herthe Eessential Job fFunctions of
their position, with or without Reasonable Accommodation.
a. Transitional assignments gGenerally, involves performing some, but not all, of the Eessential Job
fFunctions of a position or other duties or functions within a Ddepartment for a limited period of
time.
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Policy Title: Policy Number: HR2429
ADA/ADAAA REASONABLE
ACCOMMODATION FOR APPLICANTS AND Current Adoption
0610-1909-201621
EMPLOYEES Date:
a.b. Transitional Assignments are nNot available in all situations. or circumstances; however wWhen
available, an Appointing Authority may place an employee ion a limited-length tTransitional
Aassignment following a processafter to consideringdetermine the anticipated duration of
restrictions and the reasonable probability of a release to full duty without restrictions.
5.7. Taking an extended or intermittentTemporary leave of absence: Employee requests for a Reasonable
Accommodation in the form of a temporary leave of absence when necessitated by an employee’s
Ddisability 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 workwill be considered on a case-by-case basis and must comply
with applicable County and Department leave policies.
8. Reassignment or transfer to a vacant position, at the same or lower market range as the employee’s
current position, : Generally, reassignment is only considered when no other Reasonable
Accommodations are available to enable the employee to perform the Essential Job Functions of their
current position.
a. The employee’s pay rate will be adjusted to the applicable pay rate of the vacant position, if
necessary.
b. The dIn considering whether there are positions available for reassignment, Department Human
Resources shall work with both Human ResourcesEmployment Services and the employee to
identify eligible vacant positions or positions thatwhich mayDepartment Human Resources or
Employment Services has reason to believe will become vacant within 60 days from the date the
search is initiated.
c. and for which tThe employee mustmay be qualified and able tocan perform the position’s
eEssential Job fFunctions, with or without a Reasonable Accommodation.
d. Where a vacancy exists, which an Appointing Authority intends to fill, at the same or lower market
range as the employee’s current position, and the employee is otherwise qualified to perform the
Essential Job Functions of the vacancy, the employee may be transferred to the vacancy. At the
time of the transfer the employee’s pay rate will be adjusted to the applicable pay rate of the
vacant position, if necessary. Employee Merit System definitions and provisions related to
demotion and transfer do not apply to personnel actions made as a result ofdue to a Reasonable
Accommodation pursuant to this section.
a.e. However, the employee may receive an evaluation of their performance in the new position
consistent with the Department’s practice of evaluating new employees. While reassignment is
an option under the interactive process, placement is not guaranteed. An employerThe County is
not obligated to create a position or promote an employee to a vacant position.
VII.V. PROCEDURES
Employment Services is responsible for managing applicant requests for a Reasonable Accommodation
throughout the application and selection processes.
Requests for Reasonable Accommodations initiated by or on behalf of employees shall be handled by the
Department. Employment Services is available for guidance and assistance as needed to facilitate handling
at the Department level. If it is determined that a Reasonable Accommodation cannot be made by the
Department, then Employment Services is responsible for managing the reassignment process.
C.A. Applicants
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Policy Title: Policy Number: HR2429
ADA/ADAAA REASONABLE
ACCOMMODATION FOR APPLICANTS AND Current Adoption
0610-1909-201621
EMPLOYEES Date:
1. Requesting a Reasonable Accommodation
a. An applicant with a Ddisability, or a family member, a health care professional, or other
representative who is acting on behalf of the applicant, may request initiate an
accommodationrequest for a Reasonable Accommodation under the ADA and ADAAA by
completing and submitting the Maricopa County Job Applicant Request for Reasonable
Accommodation Form.
b. Auxiliary aids and services are available to individuals with disabilities upon request and will be
determined on a case by case basis.
a.c. Reasonable Accommodations made for testing, interviewing, or other aspects of the application
and selection processes may not be Rreasonable as aAccommodations forduring employment.
2. The Interactive Process
a. Upon receipt of an accommodation request for an accommodation from an applicant, Central
FMLA/ADAEmployment Services will review itthe request and respond to the applicant in a timely
mannerpromptly to enable the applicant to participate in the employment application processes.
An applicant’s request for an accommodation and any medical information provided to request an
accommodation will be kept confidential, to the extent permitted by law, regardless of whether the
applicant is hired.
b. Central FMLA/ADAEmployment Services will notify the dDepartment Human Resources
regarding accommodation needs for applicants that are subsequently referred to a Department,
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.
D.B. Employees
1. Requesting a Reasonable AccommodationInitiating the Request
a. An employee with a Ddisability, or a family member, a health care professional, or other
representative who is acting on behalf of the employee, may requestinitiate a Reasonable
Accommodationrequest for a Reasonable Accommodation verbally or in writing.
b. An employee’s vVerbal requests will start the Reasonable Accommodation process; however, for
recordkeeping purposes, the requestor may be asked to complete a Reasonable Accommodation
request form which is available from Department Human Resources or the website of the Human
Resources Department on the County EBC. Alternative means of submitting an accommodation
request, such as by personal interview or a tape recording, will be made available upon request.
c. It is the responsibility of the requestor to provide complete information. The completed form must
be submitted to Department Human Resources. An employee is not guaranteed the
accommodation they requested.;
. If requestor with a disability requires assistance completing the form, the employee may contact
Department Human Resources or Employment Services for assistance.
3.2. Receipt by Supervisor
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Policy Title: Policy Number: HR2429
ADA/ADAAA REASONABLE
ACCOMMODATION FOR APPLICANTS AND Current Adoption
0610-1909-201621
EMPLOYEES Date:
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. after aAcknowledgeing receipt of the request and let the employee know that the request will
be referred to Department HR for the next steps.
ii. , the supervisor must fForward the request to Department Human Resources as soon as
possible, but no later than two business days after receiving the request.
iii. The supervisor should nNot address the request directly or make changes to position duties
or performance expectations without direction from Department Human R or Cetnral
FMLA/ADAesources.
a.c. Department Human R and Central FMLA/ADAesources will determine what further action is
necessary to process the request, based upon the circumstances. A supervisor or co-worker is
not permitted to share an employee’s disability status without written permission from the
employee. An employee’s decision to share their disability does not give the supervisor or co-
worker permission to share.
4.3. The Interactive Process
a. Department Human ResourcesCentral FMLA/ADA will review thean employee’s request for an
accommodation and engage in the interactive process with the employee.
a.b. Department Human Resources must process requests and, where appropriate, provide
accommodations in as short a period as reasonably possible, absent extenuating circumstances.
Employees are responsible for cooperating and fully engaging in the interactive process (e.g. with
Department Human Resources, Employment Services when applicable, (including, for example,
discussing potential limitations, providing health care information, etc.) and, to the extent
necessary, their supervisor. Open communication is essential to an effective interactive process.
An employee’s failure to engage in the interactive process may result in a denial of their
accommodation request for accommodation.
b.c. The interactive process may include, but is not limited to, the following:
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, Tthe
employee may be askedasked to provide timely documentation, or a limited HIPAA release
for Central FMLA/ADADepartment Human Resources to obtain documentation, from the
employee’s health care providers regarding the Ddisability and need for accommodation the
degree of functional limitations.;
ii. If the health care providers do not clearly identify the employee’s work capabilities, limitations,
and anticipated frequency and duration of the limitations, Department Human
ResourcesCentral FMLA/ADA may request clarification or additional information.;
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Policy Title: Policy Number: HR2429
ADA/ADAAA REASONABLE
ACCOMMODATION FOR APPLICANTS AND Current Adoption
0610-1909-201621
EMPLOYEES Date:
iii. If appropriate, transitional assignments may be granted, while the interactive process is taking
placeoccurs and thewhile an accommodation request is fully evaluated.;
iv. Department Human ResourcesCentral FMLA/ADA will work closely with the employees, their
supervisors, and Ddepartments management and, if applicable, Employment Services to
timely explore possible, Reasonable Accommodations, or other available options that may be
available. to the employee;
v. The dDepartment will consider identified accommodations and may select from among a
number of effective Reasonable Accommodation options. An employee is not guaranteed the
accommodation they request;
vi. WhenIf there is no Reasonable Accommodation is available in the department, Central
FMLA/ADA will Department Human Resources shall engage Employment Services.
Employment Services shall engage in the interactive process and evaluatee whether options
exist to reassign the employee to another position within the County, or if additional financial
resources are available to implement a Rreasonable aAccommodation.
vii. When the Appointing Authority, in conjunction with Central FMLA/ADAEmployment Services,
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
with the County. Prior to communicating a final decision to the employee, the Appointing
Authority must review the circumstances with and 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.
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)
CONFID ENTIALITY
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Policy Title:
Policy Number: HR2429
ADA/ADAAA REASONABLE
ACCOMMODATION FOR APPLICANTS AND
Current Adoption
0610-1909-201621
Date:
EMPLOYEES
All requests for R easonable Accomm odati on, R easonabl e Accomm odations granted and medical inform ati on obtained through the i nt eractive pr ocess will be kept confi denti al, to the extent permitted by law , and separ ate fr om the em ployee’s personnel fil e. Inform ation about the accommodations and restrictions that affects the empl oyee’s positi on will be provi ded to the em ployee’s D epartm ent supervisors or manag ers on a “ need to know” basis . All supervisors and managers i n recei pt of such i nformati on shall keep the information confidenti al. If a supervisor or m anag er receives m edical inform ati on directly from the empl oyee, that i nformati on should be provi ded to De partment Hum an Resources or Em ploym ent Services and otherwise be kept confi denti al to the extent permitted by l aw. R easonabl e accommodation(s) m ay be shar ed with other empl oyees on a need-to-know basis.
Revision History
Version Revision Date Description of Revision
1 10-19-2016 Initial version (C-92-17-002-6-00)
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