introduction to the eeo strategic plan - Ohio Bureau of Workers ...

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Americans with Disabilities Act (ADA) Policy POLICY STATEMENT It is the policy and practice of the Ohio Bureau of Workers’ Compensation (BWC) to comply fully with the Americans with Disabilities Act (ADA) of 1990 and the ADA Amendments Act of 2008 (ADAAA), and ensure equal employment opportunities and reasonable accommodation for Qualified Individuals with Disabilities. BWC is also committed to ensuring non-discrimination in all terms, conditions and privileges of employment. INTRODUCTION A. It is a violation of BWC policy to discriminate in employment against a qualified person in regard to any employment practice or term, condition, or privilege of employment because that person currently has a disability, at one time had a disability, or is regarded as having a disability. It is also a violation of this policy to deny an employment opportunity or benefit or to otherwise discriminate against an individual, whether or not the individual has a disability, because that individual has a known relationship or association with a person who has a disability. This prohibition applies to job application procedures, hiring, advancement, and discharge of employees; employee compensation; job training; and all other terms and conditions of employment. B. It is BWC policy to determine essential job functions based upon an individualized inquiry into each position filled and to determine whether the person with a disability can perform these functions unaided or with reasonable accommodation. C. It is against BWC policy to use qualification standards or selection criteria that would screen out, or tend to screen out, individuals with disabilities, unless such measures are both job related and necessary to the safe and efficient operation of the business. D. The affirmative obligation to provide reasonable accommodation applies to individuals seeking employment with BWC and to current employees who have a qualified disability under the ADA. RESPONSIBILITIES The EEO Manager is responsible for reviewing and providing reasonable accommodations for qualified individuals with disabilities. It is the obligation of all BWC employees to adhere to this policy in their areas of responsibility. Accommodation Process The employee should submit a copy of BWC’s ADA Reasonable Accommodation Request Questionnaire and submit a release of medical information to the EEO Manager. The EEO Manager will review the request and follow a four-step process in assessing the request. 28 | Page
A. Analyze the employee’s information to determine whether the employee is disabled pursuant to the ADA. If the employee is not disabled pursuant to the ADA, they will be notified that their request for reasonable accommodation will be denied. B. If the EEO Manager determines that the employee is disabled pursuant to the ADA, the employee’s job description will be reviewed to determine the essential functions. The EEO Manager will then contact the employee’s physician to determine the employee’s abilities and limitations for performing the essential functions of the job. C. Determine the employee’s abilities and limitations in consultation with the employee, BWC management, and the employee’s physician. D. Identify potential accommodations and assess their effectiveness with the employee. DEFINITIONS For purposes of this policy and guidelines, the following definitions apply: A. Disability - A physical or mental impairment that substantially limits one or more major life activities of an individual; a record (or past history) of such an impairment; or being regarded as having a disability. B. Qualified individual with a disability - An individual with a disability who, with or without reasonable accommodation can perform essential functions of the employment position that such individual holds or desires. C. Essential job functions - Those functions actually performed in the job, the removal of which would fundamentally alter the position. To determine whether a function is essential, it must be determined whether the position exists to perform that function and whether there are other employees available to share that function, as well as the degree of expertise required to perform the function. Whether a function is essential also depends on the content of the written job descriptions, the terms of any applicable collective bargaining agreement, the time spent performing the particular function, and the consequences of failing to require the employee to perform the function. D. Reasonable accommodation - A modification or adjustment to a job, the work environment or the workflow that enables a qualified individual with a disability to perform essential job functions. Such accommodation is required unless it poses an undue hardship on the employer. The determination of what accommodation is reasonable in a particular situation involves a process in which the department and the employee identify the precise limitations imposed by the disability and explore potential accommodations that would overcome those limitations. E. Undue hardship - Any accommodation that is substantial, disruptive, unduly costly or would fundamentally alter the nature or operation of the department. F. Major life activities - Activities that are of central importance an individual’s daily life such as caring for oneself, performing manual tasks, walking sitting, standing, lifting, reaching, seeing, hearing, speaking, breathing, learning and working. This list is not exhaustive. 29 | Page
Page 1 and 2:
OHIO BUREAU OF WORKERS’ COMPENSAT
Page 3 and 4:
ATTACHEMENT H: DIVERSITY INATIATIVE
Page 5 and 6:
SECTION B: AGENCY OVERVIEW EEO PROG
Page 7 and 8:
Please explain. The EEO Manager is
Page 9 and 10: 24. Does your agency participate in
Page 11 and 12: 35. At what point in the employment
Page 13 and 14: Yes ________ No ___X_____ Please ex
Page 15 and 16: Please explain. An EEO/Legal meetin
Page 17 and 18: 73. Who is responsible for updating
Page 19 and 20: 88. Please provide the classificati
Page 21 and 22: Checklist: Have you posted notices
Page 23 and 24: must check for compliance with the
Page 25 and 26: interpreter or hard copy transcript
Page 27 and 28: Have you reviewed your public servi
Page 29 and 30: Do you administer services, program
Page 31 and 32: If you answered no to any of the ab
Page 33 and 34: 34 | Page
Page 35 and 36: and/or Sexual Harassment Policies.
Page 37 and 38: Provide a copy of the year-end repo
Page 39 and 40: ATTACHMENT A: 2 Table of Organizati
Page 41 and 42: BWC ADMINISTRATION 7 99580 - Admini
Page 43 and 44: Internal Audit This division provid
Page 45 and 46: 64422 - Public Information Officer
Page 47 and 48: Field Operations This division hous
Page 49 and 50: 66791 - WC Underwriter 11 63124 - A
Page 51 and 52: 69952 - Database Administration Spe
Page 53 and 54: ATTACHMENT B: 5 EEO Manager Duties
Page 55 and 56: POSITION DESCRIPTION DIVISION OR IN
Page 57 and 58: Attachment B: 8 Agency EEO Policies
Page 59: No reprisal, retaliation, or other
Page 63 and 64: ANTI-HARASSMENT POLICY PURPOSE: To
Page 65 and 66: Attachment B: 9 EEO Discrimination
Page 67 and 68: Attachment B: 11 - EEO Strategic Pl
Page 69 and 70: Attachment B: 12 EEO Complaint Summ
Page 71 and 72: Attachment B: 13 (EEOSP) EEO Compla
Page 73 and 74: Attachment C: 15 & C: 16 Diversity
Page 75 and 76: Attachment D: 18 Adverse Impact Stu
Page 77 and 78: Attachment E: 20 EEO Orientation Ag
Page 79 and 80: AGENDA EEO & Diversity at BWC 2009
Page 81 and 82: These disciplinary guidelines are p
Page 83 and 84: g. Immoral or indecent conduct h. D
Page 85 and 86: (See Drug Free Workplace Policy) c.
Page 91 and 92: Attachment G: 24 Year End Report -
Page 93 and 94: Attachment G: 25 Corrective Action
Page 95 and 96: Attachment I: 27 ADA Reasonable Acc
Page 97 and 98: easonable in a particular situation
Page 99 and 100: Attachment I: 28 Agency Reasonable
Page 101 and 102: Explanation: 69 | Page
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