ORDINANCE NO. O-07-2008

 

AN ORDINANCE AMENDING SECTION I OF THE “PERSONNEL POLICIES AND PROCEDURES MANUAL” FOR THE CITY OF FORT THOMAS, KENTUCKY, PERTAINING TO THE AMERICANS WITH DISABILITIES ACT OF 1990.

 

            WHEREAS, the city council of the City of Fort Thomas has determined that it is beneficial and advantageous to establish its intent to comply with the applicable sections of the Americans with Disabilities Act of 1990.

 

            NOW, THEREFORE BE IT ORDAINED BY THE CITY OF FORT THOMAS, CAMPBELL COUNTY, KENTUCKY:

 

SECTION I

 

That Section I of the “Personnel Policies and Procedures Manual” for the City of Fort Thomas, Kentucky, is hereby amended as follows:

 

AMERICANS WITH DISABILITIES PRACTICE

           

The City hereby acknowledges and is committed to implementing the provisions of the Americans with Disabilities Act of 1990 (ADA) in accordance with regulations and guidelines as promulgated by the U.S. Department of Justice Civil Rights Division and the U.S. Equal Employment Opportunity Commission.

 

The ADA defines an individual with a disability as a person who:

·        Has a physical or mental impairment that substantially limits one or more major life activities;

·        Has a record of such an impairment; or

·        Is regarded as having such an impairment.

 

Major life activities include caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

 

The ADA prohibits discrimination in all employment practices including job application procedures, hiring, firing, promotion, compensation, training, and other terms, conditions, and privileges of employment.  It applies to recruitment, advertising, tenure, layoff, leave, fringe benefits, and all other employment-related activities.

 

The ADA states that an employer is free to select the most qualified applicant available and to make decisions based on reasons related to disability.

 

The ADA defines reasonable accommodation as any modification or adjustment that will enable a qualified applicant or employee with a disability to participate in the application process or to perform essential job functions.  Reasonable accommodation also includes adjustments to assure that a qualified individual with a disability has rights and privileges in employment equal to those of employees without disabilities.

 

The ADA further states that an employer is not required to implement any accommodation that would impose an undue hardship.  An undue hardship is an action or accommodation that would require significant difficulty or expense in relation to the size of the employer.  If it is found that a particular accommodation would impose an undue hardship, the employer must consider whether there are alternative accommodations that would not impose such hardship.

 

The ADA permits employers to establish qualification standards that exclude individuals who pose a direct threat – i.e., a significant risk of substantial harm – to the health or safety of the individual or of others, if that risk cannot be eliminated or reduced below the level of a “direct threat” by reasonable accommodation.  The employer must establish through objective, medically supportable methods that there is significant risk that substantial harm could occur in the workplace.

 

The ADA recognizes the need to balance the interests of people with disabilities with the legitimate interests of employers in maintaining a safe workplace.  That goal is realized by requiring employers to make individualized judgments based on reliable medical or other objective evidence rather than on generalizations, ignorance, fear, patronizing attitudes, or stereotypes.

 

The ADA recognizes that in the performance of essential job functions, with or without reasonable accommodations, an employer can hold employees with disabilities to the same standards of production/performance as other similarly situated employees without disabilities.

 

The ADA prohibits employers from asking a job applicant any questions that would cause the applicant to disclose a disability or medical condition.  Interview questions must focus on the applicant’s ability to perform the essential functions of the job.  Interviewer may not ask an applicant if he or she has a disability or needs an accommodation to perform the essential functions of the job.  If the applicant volunteers that he or she needs an accommodation to perform the essential functions of the job, an interviewer may ask about the type of accommodation needed by the applicant.  The interviewer may ask about the type of accommodation needed by the applicant.  The interviewer may not, however, ask any follow-up questions about the applicant’s disability or medical condition.

 

SECTION II

 

            All ordinances, resolutions or parts thereof, in conflict with the provisions of this ordinance, are to the extent of such conflict, hereby repealed.

 

 

SECTION III

 

            This Ordinance shall be in effect when read, passed & published according to law.

 

 

                                                                                    APPROVED:

 

 

                                                                                    _____________________________

                                                                                    Mary H. Brown, Mayor

 

1st Reading:      June 2, 2008                                                   

 

Adopted:         June 16, 2008

 

Publication:     June 26, 2008

 

ATTEST:

 

 

________________________________

Melissa K. Kelly, City Clerk