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ORANGE COUNTY SHERIFF'S OFFICE GENERAL ORDER Effective Date: May 7, 2010  Amends - GO 4.5.0 (January 30, 2009) Number: 4.5.0 Distribution: All Personnel Review Month: October Reviewing Authority: HRD / Employee Services Subject: Americans With Disabilities Act (Compliance ) This order consists of the following: 1. Purpose 2. Policy 3. Definitions 4. Procedures 1. Purpose The purpose of this policy is to confirm that qualified disabled individuals are not excluded from the participation in , or denied the benefits of, or subjected to discrimination in programs or activities sponsored by the agency , and to confirm prompt and equitable resolution of complaints. 2. Policy It will be the policy of the agency to confirm that no qualified disable d individual will be excluded from participation in, be denied the benefits of, or subjected to discrimination, in programs or activities sponsored by the agency solely based on his/her disability. The agency shall provide prompt and equitable resolution of complaints alleging any action which is prohibited by the U.S. Department of Justice regulations implementing Title II of the ADA. The agency shall provide reasonable accommodation to qualified candidates, regardless of disability, unless the accommodation creates an undue hardship on the agency, or a direct threat to the employee or others. Pursuant to the Act, if a disabled employee can perform the essential functions of the job, with or without reasonable accommodation, and is otherwise qualified, he/she will not be denied any employment opportunity/benefit based on his/her disability. 3. Definitions A. ADA Coordinator - the individual who monitors agency and applicant disabilities to determine ability to perform the essential functions of the job and the need for reasonable accommodation. The Human Resources Division Commander or designee is the agency's ADA Coordinator. B. Disability - physical or mental impairment (physiologica l disorder, cosmetic disfigurement, mental or psychological disorder and so forth) in which an individual; 1. Cannot perform one or more major life activities, such as walking, speaking, hearing; 4.5.0 , Page 2 of 4 2. Substantially limits the condition, manner or duration of performance of a major life activity compared to the general population. C. Essential Functions - fundamental job duties of the position; 1. The position exists to perform that function; 2. Limited number of employees/appointees available among whom t he performance of that function can be distributed; 3. The function is highly specialized and the person was specifically hired to perform that function. D. Qualified Individual with a Disability - a disabled person who is able to perform the essential f unctions of a job or meet the essential eligibility requirements of the program, benefit or service, with or without a reasonable accommodation to his or her condition. E. Reasonable Accommodation - any modification or adjustment to a job, activity, servi ce or program by changing policies, practices, providing auxiliary aids and improving physical accessibility, unless that would impose an undue hardship on the agency. F. Undue Hardship - an accommodation that requires significant difficulty or expense, the resources available, and the nature of the operations. The concept of undue hardship includes any action that is unduly costly, extensive, substantial, disruptive, or that would fundamentally alter the nature or operation of the program, service, or job. 4. Procedures A. Application This policy will apply to all persons who are considered "disabled" under the Americans with Disabilities Act (ADA) which includes persons who have a conditi on that impairs a major life activity or have a history of such a condition, or are regarded as having such a condition. B. Employment and Transfer Procedures 1. During the pre -employment process no inquiries will be made of an applicant or applicant's famil y member's medical history. Nor will there be inquiries regarding a disability, Worker s’ Compensation claim, sick time usage, etc. during the pre -employment process. Once a job offer is extended, medical questions necessary to determine fitness for the j ob may be asked by a specialist trained to make these decisions and educated on the physical and mental requirements for the position. 2. No inquiries will be made to any person regarding medical condition/history or disability of themselves or their fam ily members, unless it is determined or suspected that this condition or disability will hinder the individual's ability to perform the essential functions of the job. 4.5.0 , Page 3 of 4 3. All applicants may be asked to demonstrate how they can perform the essential functi ons of the job. The applicant's ability to perform the job may be discussed during the interview or applicant inquiry. 4. The agency shall determine in advance the essential functions of all jobs prior to interviewing for the position. 5. The agency shall verify that the interview process and tests conducted on all applicants and employees do not exclude qualified individuals with a disability. 6. If a physician (agency or personal) determines that the individual cannot perform the essential functions of the job as described, the individual will be asked if they can perform the essential functions of the job with reasonable accommodation. An individual who feels he/she can perform the essential functions of the job with reasonable accommodation, must advise the agency what that accommodation is. If the individual is unable to advise a reasonable accommodation, the agency shall make a good faith effort to