Employees With Disabilities or Pregnant

114 Employees With Disabilities or Pregnant

Effective Date:

Nondiscrimination:

WVEMS will fully comply with all requirements of the Americans with Disabilities Act as Amended (ADAAA) and the Pregnancy Discrimination Act (PDA).

It is the Agency's policy not to discriminate against qualified individuals with disabilities or who are pregnant and to provide reasonable accommodations as required by law to otherwise qualified applicants or employees with disabilities or pregnancy-related impairments in all employment practices, including job application procedures, hiring, advancement, job assignments, leaves of absence, transfers, layoffs, demotions, discipline, discharge, compensation, fringe benefits and job training. Employment opportunities will not be denied to an otherwise qualified applicant or employee because of the need to make a reasonable accommodation to the physical, mental, or pregnancy-related impairment(s) of such individual.

A “disability” with respect to an applicant or employee is: (1) a physical or mental impairment that substantially limits one or more of the major life activities of such individual, (2) a record of such an impairment, or (3) being regarded as having such an impairment.

Reasonable Accommodation:

It is the Agency's intention to hire, employ or promote the best qualified candidate for a job, regardless of whether the individual is disabled or pregnant. When requested by an otherwise qualified applicant or employee with a disability or pregnancy-related impairment to do so, the Agency is prepared to modify or adjust the job application process or the job or work environment to make “reasonable accommodation” to the known physical or mental limitations of the applicant or employee to enable the applicant or employee to be considered for the position they desire, to perform the essential functions of the position in question, or to enjoy equal benefits and privileges of employment as are enjoyed by other similarly situated associates without disabilities, unless the accommodation would impose an "undue hardship" on the operation of the Agency's business.

Reasonable accommodation may include the following:

Modifying an individual employee’s job duties by reassigning, reallocating, or redistributing non-essential, marginal job functions (job restructuring, light duty, etc.).

Modifying the employee’s work schedule.

Modifying the work flow and/or procedures affecting the employee’s work shift.

More frequent or longer breaks.

Time off to recover from childbirth.

Acquisition or modification of equipment.

Temporary transfer to a less strenuous or hazardous position.

Request For Accommodation:

Employees in need of accommodation for workplace accessibility or usability, to perform essential job duties, to participate in Agency-sponsored programs and activities, or who need alternative accessible formats for Agency communications, or emergency treatment or emergency evacuation assistance, should make a written request of such needs to management.

In the written request, the employee with a disability or pregnancy-related impairment should identify the difficulties the employee is experiencing and propose their suggestions for any potential accommodations the Agency might make that would enable them to perform the essential functions of the job. Management will meet with the employee in an “interactive process” to discuss the employee’s suggestions for accommodations to allow the employee to perform the essential functions of the job.

An employee who identifies themselves as having a disability or pregnancy-related impairment and requests reasonable accommodation may be required to provide documentation, including medical records, sufficient to establish the existence of the claimed physical or mental impairment and the need for accommodation. Management may make such a request when the need for an accommodation is not obvious or when otherwise appropriate.

Reasonable accommodation does not negate the requirement of good job performance, successful completion of assigned training, adherence to Agency work rules, and adherence to supervisory instructions.

Accommodation Transfers:

An employee who can no longer perform the essential functions of their current position because of a disability or pregnancy-related impairment, with or without accommodation, will be placed on a lateral basis in an existing (or soon to be) vacancy for which they are qualified and can perform the essential job duties, with or without accommodation. Accommodation transfers will be considered before vacancies are made available for other employees or applicants.

If no such vacancy exists, the employee may be placed in an existing (or soon to be) vacancy on successively lower levels for which they are qualified and can perform the essential job functions, with or without accommodation. An employee with a disability or pregnancy-related impairment who is reassigned to a lower graded position as an accommodation will receive the wages of the lower graded position.

Employees in need of an accommodation transfer will be considered for promotional opportunities along with other internal candidates without priority or preference.

Separation Of Employment:

An employee may be terminated if (1) the Agency is unable to provide reasonable accommodation for the employee in the current job assignment without causing undue hardship to the Agency; (2) the Agency is unable to provide reasonable accommodation for the employee in a transfer to a new job assignment without causing undue hardship to the Agency; or (3) the employee refuses reasonable accommodation in the current job assignment or transfer to a new job assignment.

Policy No.  1.14  Issued  1/1/2019  Applicable  12/13/2018