Policy
It is the policy of the Ohio Department of Natural Resources to comply with the Americans with Disabilities Act (ADA) of 1990, as amended (ADA) and ensure opportunities and reasonable accommodation for individuals with disabilities. To be protected by the ADA, 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.
Disability discrimination occurs when an employer treats a covered individual (applicant or employee) by the ADA unfavorably because he/she has a disability.
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.
The ADA as amended has expanded the definition of "major life activities" to include:
- Caring for oneself
- Performing manual tasks
- Seeing
- Hearing
- Eating
- Sleeping
- Walking
- Standing
- Lifting
- Bending
- Speaking
- Breathing
- Learning
- Reading
- Concentrating
- Thinking
- Communicating
- Working
The ADA Amendment Act also adds a new major life activity category – "major bodily functions", which includes, but is not limited to:
- Functions of the immune system
- Cell growth
- Digestive, bladder, and bowel functions
- Neurological and brain functions
- Respiratory and circulatory functions
- Endocrine functions
- Reproductive functions
REASONABLE ACCOMODATIONS
An employer is required to provide a reasonable accommodation to an applicant or employee with a qualifying disability, unless doing so would cause an undue hardship.
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 a reasonable 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.
FILING A COMPLAINT
Any applicant or employee who believes that he or she is a victim of discrimination or denied a reasonable accommodation consult with;
- Division/Office Human Resources personnel; or
- Office of Human Resources-Diversity Affairs Section; or
- Equal Opportunity Division of the Department of Administrative Services.
An employee has a right to meet privately with Diversity Affairs during office hours; however, the employee should obtain supervisory approval for leaving his/her work areas. An employee need not disclose the details of the purpose for meeting with to a supervisor. Reasonable leave requests to meet with Diversity Affairs during work hours cannot be reasonably denied by supervisors. Managers and supervisors shall allow employees to meet with EEO professionals at the earliest practicable time consistent with the operational needs of their units.
A formal discrimination complaint may be filed with any or all of the following entities: (1) Diversity Affairs Section within 30 days of the last incident or the Department of Administrative Services, Equal Opportunity Division; (2) the Ohio Civil Rights Commission (OCRC) within 180 days of the last incident; and/or (3) the federal Equal Employment Opportunity Commission (EEOC) within 300 days of the last incident.
For the addresses and phone numbers to the above organizations, see the EEO Policy-Procedure.
If an individual wishes to pursue the matter informally, Diversity Affairs will provide confidential counseling in order for the aggrieved individual to explain the matter and to determine whether a formal complaint should be filed.
Informal resolution may be pursued through the Diversity Affairs Section at the request of the aggrieved individual.
In the event the aggrieved individual opts to file a formal complaint with Diversity Affairs, an investigation into the allegations will be conducted. Within 60 days from the filing of this complaint, the agency shall render a decision of whether there was probable cause and the appropriate remedy, if a remedy is required.
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 Human Resources Professional 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.
ENFORCEMENT
Discriminatory and harassing behavior in the workplace is inexcusably inappropriate, and will not be tolerated. Employees in violation of this policy, are subject to discipline, up to and including removal.
If an investigation finds that the accused harasser has engaged in harassment or retaliation against someone for filing a complaint or for cooperation in the investigation of a complaint, the Department will take appropriate corrective/disciplinary action up to and including dismissal.
There shall be no retaliation against an employee who files a complaint, cooperates with an investigation or for reporting allegations of discrimination, harassment or other inappropriate behavior.
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