AMERICANS WITH DISABILITIES ACT (ADA) COMPLIANCE
It is the policy of the City of Miami Beach to
ensure that individuals with disabilities are afforded equal employment
opportunities and to prohibit employment discrimination based on a qualified
individual's disability. This policy
extends to the application procedures, hiring, advancement, compensation,
benefits, training, and all other terms of employment.
The policy covers any qualified individual with a
disability who, with or without a reasonable accommodation, can perform the
essential functions of the job.
There are three categories of individuals with disabilities:
- Disabled individuals are those who have a
physical or mental impairment that substantially limits their ability to engage
in one or more of life’s major activities. Major life activities include such
activities as caring for one's self, performing manual tasks, walking, seeing,
hearing, speaking, learning, and working.
- Individuals who have a record of a physical or
mental impairment that substantially limits one or more of the individuals'
major life activities.
- Individuals who are regarded as having such an
impairment, whether they have the impairment or not.
Physical Impairments Include
Physiological disorders or conditions, including
alcoholism and drug addiction, cosmetic disfigurement and anatomical loss of
one or more of the following bodily systems:neurological; musculoskeletal;
special sense organs; respiratory, including speech organs; cardiovascular;
reproductive; digestive; genitourinary; hemic and lymphatic; skin and
Mental Impairments Include
Mental or psychological disorders, such as intellectual
or development disabilities, organic brain syndrome, emotional or mental
illness and other specific learning disabilities.
Current Use of Illegal Drugs
"Current use" is the illegal use of
controlled substances that occurred recently enough to substantiate a
reasonable belief that a person's drug use is current or that continuing use is
a real and ongoing problem. Individuals
engaging in the current and illegal use of drugs are not considered disabled
and are not protected by this policy.
Qualified Person with a Disability
To be qualified, the individual with a disability
must be able to perform the essential functions of the job in question, with or
without a reasonable accommodation on the part of the City. A person who poses a direct threat to the health
or safety of others shall not qualify.
The City will make reasonable accommodations to the
known physical or mental limitations of otherwise qualified applicants or employees
with disabilities, unless it would impose an undue hardship on the operation of
the City to do so.
The City shall provide reasonable accommodations at
all stages of the hiring process.
Applicants and employees are asked to advise the Human Resources
Department as soon as possible if they require any accommodations in the
application process, testing, or the interview.
Fitness for Duty
In accordance with the City's Personnel Rules, the
City may require a Fitness for Duty medical evaluation to determine if an
employee is able to perform the essential functions of his/her job. This evaluation will be conducted by medical
experts who will determine if the employee's condition is adequate and what, if
any, reasonable accommodations would be needed in accordance with the essential
functions of the current job description.
An employee who is no longer able to perform the
essential functions of the job, with or without reasonable accommodations, may
be considered for other positions in the City for which they are
qualified. If no such position exists,
or the employee declines to accept such a position, and no reasonable
accommodation is possible to retain the employee in his/her current position or
any other position, termination shall be considered. This would not be dependent on any recourse
the employee has through Worker's Compensation Benefits nor disability