RES 2023-1058 - Amendment to City Human Resources Policy No. 24 - Reasonable Accommodations in Employment City Clerk Office Use Only:
RESOLUTION NO.
Ib5g Publication Date (if pplica le):
V� 2
Agenda Date: 23
Department: 1
Submitter: , ' i h
CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha, Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, the Human Resources Director of the City of Omaha has created and prepared, in
accordance with the City of Omaha Municipal Code § 23-65, Human Resource Policies to establish and clarify
the rules and procedures for the City of Omaha and its employees; and,
WHEREAS, the revised Human Resource Policy 24 - Reasonable Accommodations in
Employment is attached as Exhibit "A" to this Resolution; and,
WHEREAS, the City of Omaha Personnel Board, pursuant to the City of Omaha Home Rule
Charter § 6.04 and Omaha Municipal Code § 23-51 reviewed and approved such Human Resource Policy on
September 28, 2023; and,
WHEREAS, the Human Resource Policy attached as Exhibit "A" and incorporated herein by
reference is being submitted to the City Council for its approval as is provided by Omaha Municipal Code § 23-
65.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
THAT, the attached Human Resources Policy 24 - Reasonable Accommodations in
Employment promulgated by the Human Resources Director and approved by the City of Omaha Personnel
Board be and hereby is approved.
APPROVED AS TO FORM:
I /
DEPUTY CITY ATTORNEY DATE
2023\20699se1
Adopted: O C T 2 4 2023 (jJ
Attest:
Citterk
Approved: - �p i 7i&/L
Mayor
HUMAN RESOURCES POLICY
Policy #24 (Amended)
REASONABLE ACCOMMODATIONS
IN EMPLOYMENT
Approved by Personnel Board: September 28, 2023
Approved by City Council: **********
Mayor of Omaha: Jean Stothert
City Council President: Pete Festersen
Human Resources Director: Deb Sander
Pursuant to the Omaha City Code, Section 23 65, the following is declared to be the policy of the
City of Omaha. Please check the City's e mail system in the Public Folders under Personnel
Department for the latest amendments to this policy. Additional information on the Americans
with Disabilities Act (ADA) can be found on the websites of the U. S. Department of Justice
(www.usdoj.gov/crt/ada) and the U. S. Equal Employment Opportunity Commission
(www o v/polie y/gu dance)
Pursuant to the Omaha Municipal Code Section 23-65, this document is a Human Resource policy
of the City of Omaha. Please check the City's website and Human Resources Policies,
https://hr.cityofomaha.org/public-documents/hr-policies for the latest version of this policy.
Where no policy or guideline exists or if there are questions on this policy, please contact the
Human Resources Director.
Additional information on the Americans with Disabilities Act ("ADA") can be found on the
websites of the U.S. Department of Justice (https://www.ada.gov/law-and-regs/) and the U.S.
Equal Employment Opportunity Commission (https://www.eeoc.gov/publications/ada-vour-
employment-rights-individual-disability).
HR Policy
Reasonable Accommodations in Employment
Page 2
Policy:
The City of Omaha shall provide reasonable accommodation to ensure equal employment
opportunity to any applicant or employee who is an individual with a disability and to any
employee with permanent medical restrictions affecting the ability to perform the employee's
essential job functions, when such accommodation does not cause an undue hardship on the City.
Definitions:
Disability. The term "disability"means, with respect to an individual:
(A) A physical or mental impairment that substantially limits one or more major life
activities of such individual;
(B) A record of such an impairment; or
(C) Being regarded as having such an impairment.
An"individual with a disability" is a person who has:
1.
2. a record of such an impairment; or
3. is regarded as having such an impairment.
Qualified Individual. The term "qualified individual" means an individual who, with or without
reasonable accommodation, can perform the essential functions of the employment position that
such individual holds or desires.
Reasonable Accommodation. "Reasonable accommodation"is a modification or adjustment to a
hiring process, a job, the work environment, or the way things usually are done that enables a
qualified individual with a disability to enjoy an equal employment opportunity. The City may
not be able to offer an accommodation to every person who requests accommodation. For
example, the City will not create new positions or disrupt the work environment through transfers
in order to make an accommodation. Some examples of reasonable accommodations:
1. making facilities readily accessible to and usable by an individual with a disability;
2. restructuring a job by reallocating or redistributing marginal job functions;
3. altering when or how an essential job function is performed;
4. obtaining or modifying equipment or devices;
5. providing qualified readers or interpreters;
6. allowing an employee to provide equipment or devices that an employer is not required to
provide.
HR Policy
Reasonable Accommodations in Employment
Page 3
Reasonable Accommodation for Applicants:
1. Any applicant who is an individual with a disability and requires an accommodation for
an employment examination, interview, or any part of an employment selection process,
must advise the Employment Manager in the Human Resources Department or his/her
designee, Personnel Department at the time of application. The request may be made en
the Americans with Disabilities Act(ADA) Supplement to the-employment application or
in a separate written communication to the Employment Manager. Personnel Director.
2. The Employment Manager in conjunction with the Labor Relations Director, when
applicable,Personnel Department will advise and assist the hiring department in providing
any reasonable accommodations necessary for the employment interview when a qualified
individual with a known disability is referred. The Human Resources Department
Personnel Department may be unable to pre-determine accommodation needs for some
interviews. If, during the course of an interview, the need for accommodation becomes
apparent and the conduct of the interview is adversely affected,the interviewer shall recess
the interview and contact the Human Resources Department Personnel Department for
assistance in providing a reasonable accommodation, as appropriate, to facilitate the
interview process. If the supervisor has any questions regarding job interview
accommodations, he/she should contact the Employment Manager. Personnel Director.
3. An applicant's need for reasonable accommodation for the performance of job duties may
first become apparent during the employment interview. If the interviewer believes the
applicant will need reasonable accommodation because of
a) an obvious disability; or
b) the applicant's voluntary disclosure of information about a hidden disability; or
c) the applicant's voluntary disclosure of the need for reasonable accommodation to
perform the job,
the interviewer may inquire whether the applicant needs reasonable accommodation and what
type of reasonable accommodation would allow performance of the job functions and
completion of the interview process. This information should be communicated to the
Employment Manager Personnel Director before a hiring decision is made so that compliance
with this policy can be assured.
HR Policy
Reasonable Accommodations in Employment
Page 4
Reasonable Accommodation for Employees:
1. Performance of Job Duties. An employee who is an individual with a disability, or who
is placed on permanent medical restrictions that prohibit the normal performance of
essential job functions, and who desires to maintain employment with the City of Omaha,
must complete and submit to the Human Resources Department — Labor Relations
Director, his/her supervisor a Request for Reasonable Accommodation form attached
hereto. Said form can also be found under Human Resources "Public Documents" tab.
(The form is available in the Personnel Department or on the City's e mail system in the
Public Folders. Submission of this form begins the process of determining whether
implementation of a reasonable accommodation will allow the employee to maintain
employment in his/her current classification. If no such reasonable accommodation can
be identified and implemented in the employee's current classification, the possibility of
reassignment to a vacancy in a classification at a lateral or lower level of pay will be
investigated to determine whether reasonable accommodation is possible.
2. Hiring Process for Promotional Opportunities. An employee who is an individual with
a disability, or who has permanent medical restrictions, who believes he/she requires
reasonable accommodation for an employment examination,or any part of an employment
selection process, or for the performance of duties of the position sought, is expected to
make the accommodation request, in writing,to the Human Resources Department—Labor
Relations Director Personnel Director as soon as reasonably possible. If the need for
accommodation is initially identified during an interview with the hiring department, the
interviewer shall provide information regarding all discussions of reasonable
accommodation to the Human Resources Department— Employment Manager Personnel
Director prior to completing the selection process. This information should be
communicated to the Human Resources Department — Employment Manager Personnel
Director before a hiring decision is made so that compliance with this policy can be
assured.
3. Prior to completion of a personnel action which in any way affects an employee who is an
individual with a disability, or who has permanent medical restrictions, the department
head must contact the Human Resources Department- Labor Relations Director Personnel
Director for approval.
Supervisor/Employer Responsibilities:
If an employee provides information to a supervisor, division head, department director, or the
Human Resources Department that they have a permanent medical condition or disability that is
interfering with the employee's ability to perform the duties of their position,this information must
be provided to the Human Resources Department through the Labor Relations Director so the
interactive process can begin. The Human Resources Department will then provide this policy to
the employee or have the supervisor(s)provide the policy to the employee so the employee can fill
out and submit the formal paperwork attached hereto to begin the interactive process.
HR Policy
Reasonable Accommodations in Employment
Page 5
Reasonable Accommodation Meeting(s) & Accommodation Without Referral
If the supervisor(s) and Labor Relations Director, or his/her designees, determine that the
employee's requested accommodations can be accommodated without further action and all parties
agree, the parties will enter into an agreement outlining said accommodation without the need for
further review.
If an employee cannot be accommodated as described in the preceding paragraph,the supervisor(s)
and Labor Relations Director will submit an "Accommodation Meeting Request" to the Human
Resources Director. Prior to approving or denying a request for accommodation at this stage, the
Human Resources Director, Labor Relations Director, applicable supervisor(s) and/or department
director,the employee or applicant,and applicable union representative(s)and/or attorney(s)at the
request of the employee, will meet to consider the facts surrounding the accommodation request
and to determine whether a reasonable accommodation can be implemented. Other personnel may
be included in the process as deemed necessary by the Human Resources Director. The purpose of
the meeting is as follows:
1. To engage in an interactive process to determine whether an accommodation can be made.
2. To lend decision-making support on all Requests for Reasonable Accommodations.
3. To consider the particular job involved, as well as the applicant's/employee's specific
physical and mental abilities and limitations, noting that the process of identifying a
reasonable accommodation relies on dialogue with the applicant/employee and an
understanding of his/her particular needs and proposals. Potential accommodations are
then evaluated to assess their effectiveness and impact on the operation of business.
Accommodations are deemed to be reasonable and shall be granted when the needs of the
individual and the City of Omaha are served and no undue hardship is imposed on the
operation of business.
Reasonable Accommodation meetings may occur in person, by phone, or by e-mail. Any
reasonable accommodation granted shall be outlined in an agreement of the parties. The Request
for Reasonable Accommodation form and/or agreement shall be maintained confidentially and be
disseminated on a need-to-know basis.
If reasonable accommodations cannot be granted, the employee will be provided with an
explanation of the denial and next steps that may be appropriate.
HR Policy
Reasonable Accommodations in Employment
Page 6
The purpose of the Accommodations Committee is to consider the facts surrounding an
accommodation request and to determine whether a reasonable accommodation can be
implemented.
1. An Accommodations Committee will be convened by the Personnel Director to lend
a supervisor to the Personnel Department for further action.
2. An Arco odations--Co iltee-may-be-cconvenecdi--tact-the-eliscretion of the Persomlel
Director to lend decision making support on requests for accommodation in the
employment selection process for applicants and employees competing for promotion.
3. The Accommodations Committee shall consist of the applicant or employee requesting
,
and the Personnel Director or his/her designee. The Personnel Director may also appoint
appropriate.
4. Accommodations Committee members shall consider the particular job involved, as well
as the applicant's/employee's specific physical and mental abilities and limitations,noting
applicant/employee and an understanding of his/her particular needs and proposals.
Potential accommodations are then evaluated to assess their effectiveness and impact on
the operation of business. Accommodations aro deemed to be reasonable
and shall be granted when the needs of the individual and the City of Omaha are served
and no undue hardship is imposed on the operation of business.
5. Accommodations Committee discussion may occur in person, by phone or by e mail.
6. Reasonable accommodations granted shall be documented on the Request for Re sonable
Request for Reasonable Acco,,, edsatief f,.,,., shall he dlisseminated „ strict need t„
know basis.
7. The granting of a reasonable accommodation does not infer nor deny that the person being
accommodated is covered by the ADA, nor that the person is regarded as having an
impairment that substantially limits a major life function.
HR Policy
Reasonable Accommodations in Employment
Page 7
Policy Limitations:
1. The City of Omaha will not grant an accommodation request if doing so would impose an
undue hardship on the operation of business (i.e., result in significant difficulty or
expense).
2. The City of Omaha will not create a new job or promote an employee based on the
employee's request for accommodation. The City of Omaha will not bump another
employee to a lower classification,terminate or lay off another employee in order to create
a vacancy for an employee requesting accommodation.
3. In making a decision as to what is a reasonable accommodation,the City will consider the
requirements of Chapter 23 of the Omaha Municipal Code and applicable bargaining
agreements.
4. This policy does not apply to individuals with temporary medical restrictions. Employees
with temporary medical restrictions are covered by leave provisions and temporary light
duty assignments or other FMLA designated leave. (See HR Policy 21 — Limited Duty:
Return to Work After Injury or Illness; See also HR Policy 14- FMLA- Family Medical
Leave Act). (See, City Personnel Policy Limited Duty: Return to Work After Injury or
Illness).
The granting of a reasonable accommodation does not infer nor deny that the person being
accommodated is covered by the ADA, nor that the person is regarded as having an impairment
that substantially limits a major life function.
Reasonable Accommodation Form
(HR POLICY 24)
Please complete this form if you have a permanent physical or mental health disability and need a
reasonable accommodation to perform the essential functions of your position or need an accommodation
in the interview or testing process. Should you need any help completing this form, or if you have any
questions about this form,please contact the Labor Relations Director in the Human Resources Department.
Employee/Applicant Information
Full Name:
Date of Request:
Job Title:
Department:
Division:
Work Phone:
Cell Phone:
Medical Condition & Requested Accommodation
1. Please describe your medical condition and the reason(s) why you are requesting an
accommodation. (Attach additional sheets if necessary)
2. Please describe the accommodation(s)you are requesting. If there is more than one accommodation
that you believe will meet your needs, please describe all possible accommodations. For current
employees,include a description of the essential functions of your job that you are currently unable
to perform, and explain how the requested accommodation(s) will enable you to perform those
essential functions of your job. (Attach additional sheets if necessary)
3. How long will the requested accommodation(s)be needed?
4. Is your impairment permanent? ❑ Yes ❑ No
5. Please attach to this form any documentation that you believe supports your need for the requested
accommodation(s) including any medical records that you believe are relevant for this
consideration.Please also provide any other information that you believe is relevant to your request.
(Attach additional sheets if necessary)
6. Please provide the complete name, address, and telephone number of the medical professional(s),
if any,who has imposed the restrictions. You may be requested to consent to the release of relevant
medical information by your hospital, physician, or other provider and permission for the City of
Omaha representative to contact your health care provider(s)to discuss your case.Information that
may be obtained may include a medical diagnosis and prognosis,work restrictions and limitations,
and the expected duration of your condition. (Attach additional sheets if necessary)
Attestation
I hereby request accommodation(s) of the medical restriction described above. I understand that
the City of Omaha has not reached a conclusion as to whether my medical restriction constitutes a
"disability" or renders me a "qualified individual with a disability" as defined within applicable
laws. The statements made above are true,to the best of my knowledge and belief,and I understand
that an intentionally false statement may be grounds for disciplinary action up to and including
termination.
Full Name:
Signature of Employee:
Date:
Note to employee—send a copy of this request, along with any medical documentation,to the
Labor Relations Director in the Human Resources Department and send a copy of this
request, excluding any medical documentation, to your immediate supervisor.