Ohio Department of Natural Resources - ADA Policy 2008

AMERICANS WITH DISABILITIES ACT (TITLE I) POLICY

Effective February 1, 2008
Purpose To stress that Ohio Department of Natural Resources will not discriminate against individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, terms, conditions and privileges of employment.
Authority Americans with Disabilities Act of 1990 (Title I) Section 504 of the Rehabilitation Act of 1973 (as amended)OCRC 4112OAC 123:1-49-02OCSEA Article 2FOP Article 9.01
Reference ODNR EEO Policy-ProcedureODNR Reasonable Accommodation Procedure
Resource Office of Human Resources-Diversity Affairs Section

 

GUIDELINES

It is the policy of the Ohio Department of Natural Resources to comply with the Americans with Disabilities Act (ADA) of 1990 and ensure opportunities and reasonable accommodation for individuals with disabilities.

To be protected by the Americans with Disabilities Act (Title I) an employee or applicant must have either a "disability" or a "relationship or association with a person with a disability." They must also be qualified to perform the essential functions of the job with or without a reasonable accommodation.

An individual with a disability is a person who:

  • Has a physical or mental impairment that substantially limits one or more major life activities; ("Major life activities" include caring for oneself, performing manual tasks, waking, seeing, hearing, sitting, speaking, breathing, learning, working and participating in community activities. It also includes such things as cognitive skills and the capacities to remember and reason).
  • Has a record of such an impairment; or
  • Is regarded as having impairment.

 

DEFINITION(S):

The term “reasonable accommodation” means

  • Modifications or adjustments to a job application process that enable a qualified applicant with a disability to be considered for the position such applicant desires, or
  • Modifications or adjustments to the work environment or to the manner or circumstances under which the position held or desired is customarily performed, that enable a qualified individual with a disability to perform the essential functions of that position, or
  • Modifications or adjustments that enable a covered employee with a disability to enjoy equal benefits and privileges of employment as are enjoyed by other similarly situated employees without disabilities.

Reasonable accommodation may include, but is not limited to:

  • Making existing facilities used by employees readily accessible to and usable by persons with disabilities.
  • Job restructuring, modifying work schedules, reassignment to a vacant position;
  • Acquiring or modifying equipment or devices, adjusting modifying examinations, training materials, or policies, and providing qualified readers or interpreters.

An employer is required to make an accommodation to the known disability of a qualified applicant or employee if it would not impose an "undue hardship" on the operation of the employer’s business. Undue hardship is defined as an action requiring significant difficulty or expense when considered in light of factors such as an employer’s size, financial resources and the nature and structure of its operation.

An employer is not required to lower quality or production standards to make an accommodation, nor is an employer obligated to provide personal use items such as glasses or hearing aids.

 

RESPONSIBILITY

The Department recognizes its responsibility to provide its employees and applicants for employment with an environment that is wholesome, safe, conducive to good job performance and free of discrimination and/or harassment of any kind. The Department of Natural Resources does not condone and will not tolerate discriminatory or offensive conduct. Any ODNR employee or applicant who believes that he or she is a victim of discrimination/harassment should immediately contact the Diversity Affairs Section or their EEO Officer in order to receive counseling and to discuss methods of resolution. Union members may also want to contact their respective union representative for information concerning member rights within the union contract.

The Office of Human Resources, Diversity Affairs Section shall be responsible for coordinating, disseminating and implementing this policy and guidelines. This office shall work closely with the Director’s Office to assure compliance with the provisions of this policy. The Diversity Affairs Section shall serve as a resource with regard to discrimination and harassment related matters.

 

FILING A COMPLAINT

More detailed information regarding filing a complaint as outlined in this policy can be obtained by visiting ODNR Equal Employment Opportunity Procedure.