Americans With Disabilities Act Policy

Approved: 2-13-97

POLICY
In compliance with the Americans with Disabilities Act (ADA) of 1990, the Daniel Boone Regional Library (DBRL) will ensure that qualified individuals with disabilities are given equal opportunities and access with respect to employment and public accommodation. This policy applies to individuals seeking employment or services, current employees, patrons in the DBRL service area, or anyone doing business with DBRL.

It is the responsibility of management and designated library staff to ensure that the policy is implemented in all DBRL operations. It is the responsibility of the ADA Coordinator to monitor compliance with this policy and assist management and/or designee in meeting policy requirements. (Please refer to glossary for definition of terms used herein.) This policy is neither exhaustive nor exclusive.

Employment
DBRL applies nondiscriminatory employment practices to all terms and conditions of employment, working conditions, benefits, and privileges of employment. All employment practices and activities, whether provided or conducted by DBRL or any entity or person on its behalf, shall be conducted on a non-discriminatory basis. All employment decisions will be based on the merits of the situation according to the DBRL’s written and defined criteria, not the person’s disability.

Drugs and Alcohol
The ADA provides limited protection from discrimination for reformed alcoholics, rehabilitated drug users, those participating in a supervised rehabilitation program, and individuals erroneously regarded as illegal drug users. DBRL is not required to lower quality or performance standards as an accommodation.

ADA provides for a workplace that is free from the illegal use of drugs and the use of alcohol, in compliance with other federal laws and regulations regarding drug and alcohol use. An individual who is engaging in the illegal use of drugs is not an individual with a disability as defined by ADA. DBRL may discipline, discharge, or deny employment to an alcoholic whose alcohol consumption impairs job performance to the extent that he or she is not a qualified individual with a disability as defined by ADA.

Reasonable Accommodation--Employment
Reasonable accommodation shall be made available to all qualified individuals with disabilities, both applicants and employees, to the known physical or mental disability of that individual. It is the responsibility of the individual with a disability to make known the need for an accommodation. DBRL may require medical documentation of the need for an accommodation during the accommodation process. Accommodations will be given on a case-by-case basis. Accommodations for employment may be requested by using the DBRL Reasonable Accommodation Request Form.

DBRL is not required to provide a reasonable accommodation in the following situations:

• Accommodations that would impose an undue hardship upon DBRL operations;
• Individuals or employees who are found to be unqualified for the position that is desired or held; or
• If the employee or applicant with a disability imposes a direct threat of substantial harm to the health or safety of himself or herself or to others.

Anyone who would like to request a reasonable accommodation should notify the appropriate Department Head or the ADA Coordinator.

This policy does not create an express or implied contract of employment. Applicants with a conditional job offer may be subject to withdrawal of the job offer or employees may be terminated at anytime, for any professional reason, except as otherwise prohibited by law.

Accessibility--Program, Service And Facility
As a public entity, it is DBRL’s priority and policy to provide accessibility to its programs, services and facilities. A list of ADA requirements for public entities includes, but is not limited to:

• A public entity cannot refuse to allow a person with a disability to participate in a service, program, or activity simply because the person has a disability.
• A public entity must provide programs and services in an integrated setting, unless separate or different measures are necessary to ensure equal opportunity.
• A public entity is required to make reasonable modifications in policies, practices, and procedures that deny equal access to individuals with disabilities, unless a fundamental alteration in the program would result.
• A public entity must furnish auxiliary aids and services when necessary to ensure effective communication, unless an undue burden or fundamental alteration would result.

Requests for public accommodation can be made using the DBRL ADA Accommodation Request Form.

Filing A Charge
ADA grievances or complaints of disability discrimination may be filed internally using the DBRL ADA Grievance or Complaint of Employment Discrimination processes. The DBRL ADA Grievance process is for non-staff use. The Complaint of Employment Discrimination Policy (1-290) is used for employee complaints of disability discrimination. Both staff and the public may also file a charge with the appropriate state or federal external regulatory agency (e.g., EEOC, Missouri Commission on Human Rights, Department of Labor, etc.).

Glossary

Disability--as defined under ADA: (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 impairment (history), or (3) being regarded as having such an impairment.

Essential Functions--generally, are the fundamental job duties of the employment position that the individual with a disability holds or desires. Determinants of essential functions include, but are not limited to (1) if the position exists to perform the function, (2) whether there are a limited number of employees among whom the function can be distributed, or (3) if the function is highly specialized. Essential functions do not include marginal functions of the position.

Illegal Use of Drugs--includes the use, possession, or distribution of drugs that are unlawful under the Controlled Substance Act. It includes, but is not limited to, the use of illegal drugs and the illegal use of prescription drugs that are controlled substances as defined by the Controlled Substance Act. The illegal use of drugs does not include drugs taken under the supervision of a licensed health care professional, including experimental drugs for people with AIDS, epilepsy, or mental illness.

Major Life Activities--are functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

Physical or Mental Impairments--may include any physiological disorder or condition, cosmetic disfigurement or anatomical loss affecting one or more of the following body systems: neurological, musculo-skeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genito-urinary, hemic and lymphatic, skin, and endocrine; or any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

Public Entity--includes any State or local government and any of its departments, agencies, or other instrumentalities.

Qualified Individual with a Disability--an individual with a disability who satisfies the requisite skills, experience, education, and other job-related requirements of the employment position that the individual holds or desires, and who, with or without reasonable accommodation, can perform the essential functions of the job.

Reasonable Accommodation--providing help to those individuals with disabilities who would be able to participate on an equal basis if they had this help. Reasonable accommodation cannot impose an undue hardship on the employer’s business. It may include (1) modifications or adjustments to the job application process that enable a qualified applicant with a disability to be considered for the position such qualified applicant desires; or (2) 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 the 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 enjoyed by the employer’s other similarly situated employees without disabilities.

Substantially Limits--unable to perform the activity or is significantly restricted as to the condition, manner, or duration of the performance when compared to the average person’s performance of the same activity.

Undue Hardship--any accommodation that would be unduly costly, extensive, substantial, or disruptive, or that would fundamentally alter the nature or operation of the business.