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 other terms of employment.
Who is covered
This 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:
1. individuals who have a physical or mental impairment that substantially limits one or more life activities. Major life activities include such activities as caring for one's self, performing manual tasks, walking, seeing, hearing, breathing, speaking, breathing, learning, and working;
2. individuals who have a record of a physical or mental impairment that substantially limited one or more of the individuals' major life activities;
3. individuals who are regarded as having such an impairment, whether they have the impairment or not.
Physical or mental impairments
1. Physical impairments include:
a. physiological disorders or conditions, including alcoholism and drug addiction;
b. cosmetic disfigurement; or
c. anatomical loss of one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin and endocrine.
2. Mental impairments include mental or psychological disorders, such as retardation, organic brain syndrome, emotional or mental illness; and specific learning disabilities.
Current Use of Drugs
"Current use" is the illegal use of controlled substances that occurred recently enough to justify 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 protected by this policy.
Qualified Person with a Disability
In order to be qualified, the individual with a disability must be able to perform the essential functions of the job in question, with or without reasonable accommodations on the part of the City. A person who poses a direct threat to the health or safety of others will not be qualified.
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 to 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 accommodation, 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 retirement benefits.