§ 86-1104. Procedure to request reasonable accommodation

Any employee may request an accommodation by contacting the immediate supervisor. Any applicant for employment may request reasonable accommodation by contacting the employment specialist in the human resources/civil service department. Accommodation requests shall be handled as follows:

(1) Reasonable accommodation form.

a. The applicable department shall provide persons requesting accommodation with a reasonable accommodation request form. The requestor must complete the form in full and submit it to the immediate supervisor.

b. The accommodation request form shall include the name, address, and telephone number of the requestor. It must also include the specific limitations and the type of accommodation requested with a detailed explanation of how the accommodation will allow the person to perform the essential duties of the job.

(2) Determination of disability.

a. When a disability or need for a reasonable accommodation is not otherwise obvious, the county shall require the employee or applicant to provide reasonable documentation about the disability and his/her functional limitations. Documentation shall not be required when a disability is already known or obvious to the person who received the request for accommodation. An authorization of release of medical information to the human resources/civil service department and/or employee health center physician will be necessary to determine disability status. The authorization of release of medical information form must be completed by the employee and submitted along with the request for reasonable accommodation to the immediate supervisor.

b. The civil section of the district attorney's office may be contacted to assist in determining disability status, if appropriate.

(3) Interactive process. Once an employee has requested an accommodation and medical documentation has been received, if applicable, all parties (employee, supervisor, and human resources/civil service representative) shall begin an interactive process to determine what, if any, accommodation(s) should be provided. This process shall include the following steps:

a. Review the particular position/job involved and determine its purpose and its essential functions.

b. Consult with the employee with the disability to find out his/her specific physical or mental abilities and limitations as they relate to the essential job functions. Identify the barriers to job performance and assess how these barriers could be overcome with an accommodation.

c. In consultation with the employee, identify potential accommodations and assess how effective each would be in enabling the employee to perform essential job functions. If an appropriate accommodation is not identified, the human resources representative may contact outside technical resources for further assistance.

d. Select the accommodation that best meets the need of the employee and the department/county. If there are several effective accommodations that would effectively assist the employee, consider the employee's preference.

(4) Providing the accommodation. An accommodation can be provided by the department where no supporting medical information is required, where the department has the necessary funds, or where otherwise feasible. The human resources/civil service department shall brief the commissioners court for approval for accommodations that cannot be provided by the department budget.

(5) Denial of accommodation. An accommodation may not be possible if there is an undue hardship for the county/department or the requested accommodation would pose a direct threat to the health and safety of the individual or others in the workplace. If an accommodation is not possible, the employee who is denied the accommodation must be informed of the reasons for denial. Additionally, category C and D (see section 86-1, definitions) employees may appeal the denial of accommodation via the grievance system procedures. Reasons for denial may include but not be limited to the following:

a. Requested accommodation would require removal of an essential job function.

b. Medical documentation is inadequate to establish the employee has a disability or needs a reasonable accommodation.

c. Providing the requested accommodation would result in an undue hardship.

d. The requested accommodation would not be effective and would require a lowering of a performance standard.

e. Requested accommodation would be cost prohibited.

(Ord. No. 2004-126, 1-20-2004; Ord. No. 2009-0883, 5-12-2009)