203 Reasonable Accommodation
Original Approval Date: December 21, 1994
Revision Effective: April 19, 2023
It is the policy of the Tri-County Board of Recovery and Mental Health Services to take affirmative action in accordance with all applicable federal and state laws, rules, regulations and guidelines. Discrimination against employees and applicants due to race, color, national origin, sex (including sexual harassment), disability, religion or age (40 years or older) is illegal.
The Board will make reasonable accommodation to the known physical or mental limitations of otherwise qualified applicants or employees or visitors unless it creates an undue hardship on the Board. All decisions concerning undue hardship will be made in conjunction with the Board of Directors, Executive Director, Board attorney, and Chief Financial Officer, who serves as the Board's American with Disabilities Act Coordinator.
The Tri-County Board of Recovery and Mental Health Services shall require its contract agencies to adopt similar policies.
The term "reasonable accommodation" means:
1. 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
2. Modification 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
3. Modifications or adjustments that enable a covered entity's employee with a disability to enjoy equal benefits and privileges of employment as are enjoyed by its other similarly situated employees without disabilities.
4. Reasonable accommodation may include, but is not limited to:
a. Holding job interviews at an alternative site if the Board office is not accessible.
b. Making existing facilities used by employees and visitors readily accessible to and usable by individuals with disabilities, and
c. Job restructuring, part-time or modified work schedule; reassignment to a vacant position; acquisition or modifications of equipment or devices; appropriate adjustment or modifications of examination, training materials or policies; provision of qualified readers or interpreters; and other similar accommodations for individuals with disabilities.
d. The provision of devices, technology or other medium to assist a visitor in their participation of planning events or other Board activities.
The term "disabled individual" means:
1. A person with a physical or mental impairment that substantially limits one or more of the major life activities of the individual, and a record of such an impairment being regarded as having such an impairment.
2. Major life activities mean functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.
3. A "record of such impairment" means having a history of or being misclassified as having a mental or physical impairment that substantially limits one or more major life activities.
"Regarded as having impairment" means:
1. Has a physical or mental impairment that does not substantially limit major life activities but that is treated by a public entity as having such a limitation.
2. Has a physical or mental impairment that substantially limits major life activities only as result of the attitudes of others.
"Undue hardship" means:
1. That the alterations in the workplace or in the duties of the position needed to accommodate a qualified individual with a disability are unduly burdensome to the program.
The following factors are to be used in making this determination:
a. The overall size of the program, number of employees, number and type of facilities, size of budget, etc.
b. The type of operation, composition and structure of the workforce.
c. The nature and cost of the accommodation needed.
Example: It may be considered undue hardship for an agency to install an elevator for one worker in a wheelchair. However, it would not be undue hardship in most circumstances for the agency to give that individual an office on the first floor or other accessible location.
"Auxiliary" aids and services include:
1. Qualified interpreters, note takers, transcription services, written materials, telephone handset amplifiers, assistive listening devices, assistive listening systems, telephones compatible with hearing aids, closed caption decoders, opened and closed captioning, telecommunications devices for deaf persons (TDDs), videotext displays, etc.
2. Qualified readers, taped texts audio recordings, Braille materials, large print materials or other effective methods of making visually delivered materials available to individuals with visual impairments.
The Tri-County Board has designated the Chief Financial Officer to coordinate its efforts to comply with and carry out its responsibilities regarding this policy. All complaints should be directed to this individual who is responsible for investigation and resolution.
Revision Effective: April 19, 2023
It is the policy of the Tri-County Board of Recovery and Mental Health Services to take affirmative action in accordance with all applicable federal and state laws, rules, regulations and guidelines. Discrimination against employees and applicants due to race, color, national origin, sex (including sexual harassment), disability, religion or age (40 years or older) is illegal.
The Board will make reasonable accommodation to the known physical or mental limitations of otherwise qualified applicants or employees or visitors unless it creates an undue hardship on the Board. All decisions concerning undue hardship will be made in conjunction with the Board of Directors, Executive Director, Board attorney, and Chief Financial Officer, who serves as the Board's American with Disabilities Act Coordinator.
The Tri-County Board of Recovery and Mental Health Services shall require its contract agencies to adopt similar policies.
The term "reasonable accommodation" means:
1. 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
2. Modification 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
3. Modifications or adjustments that enable a covered entity's employee with a disability to enjoy equal benefits and privileges of employment as are enjoyed by its other similarly situated employees without disabilities.
4. Reasonable accommodation may include, but is not limited to:
a. Holding job interviews at an alternative site if the Board office is not accessible.
b. Making existing facilities used by employees and visitors readily accessible to and usable by individuals with disabilities, and
c. Job restructuring, part-time or modified work schedule; reassignment to a vacant position; acquisition or modifications of equipment or devices; appropriate adjustment or modifications of examination, training materials or policies; provision of qualified readers or interpreters; and other similar accommodations for individuals with disabilities.
d. The provision of devices, technology or other medium to assist a visitor in their participation of planning events or other Board activities.
The term "disabled individual" means:
1. A person with a physical or mental impairment that substantially limits one or more of the major life activities of the individual, and a record of such an impairment being regarded as having such an impairment.
2. Major life activities mean functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.
3. A "record of such impairment" means having a history of or being misclassified as having a mental or physical impairment that substantially limits one or more major life activities.
"Regarded as having impairment" means:
1. Has a physical or mental impairment that does not substantially limit major life activities but that is treated by a public entity as having such a limitation.
2. Has a physical or mental impairment that substantially limits major life activities only as result of the attitudes of others.
"Undue hardship" means:
1. That the alterations in the workplace or in the duties of the position needed to accommodate a qualified individual with a disability are unduly burdensome to the program.
The following factors are to be used in making this determination:
a. The overall size of the program, number of employees, number and type of facilities, size of budget, etc.
b. The type of operation, composition and structure of the workforce.
c. The nature and cost of the accommodation needed.
Example: It may be considered undue hardship for an agency to install an elevator for one worker in a wheelchair. However, it would not be undue hardship in most circumstances for the agency to give that individual an office on the first floor or other accessible location.
"Auxiliary" aids and services include:
1. Qualified interpreters, note takers, transcription services, written materials, telephone handset amplifiers, assistive listening devices, assistive listening systems, telephones compatible with hearing aids, closed caption decoders, opened and closed captioning, telecommunications devices for deaf persons (TDDs), videotext displays, etc.
2. Qualified readers, taped texts audio recordings, Braille materials, large print materials or other effective methods of making visually delivered materials available to individuals with visual impairments.
The Tri-County Board has designated the Chief Financial Officer to coordinate its efforts to comply with and carry out its responsibilities regarding this policy. All complaints should be directed to this individual who is responsible for investigation and resolution.