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'OQ~ ~~~'' •~~' BOARD OF SUPERVISORS
;'k ' ~ ~ *+ COUNTY. OF BUTTE.. STATE OF CAL IFORNlA
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C~UN, ~esolufion No. 87-231
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RESOLUTION CREATING SECTION 4.6 OF THE BUTTE COUNTY PERSONNEL RULES
IJHEREAS, the Board of Supervisors finds it to be in the interest of the County
amend the Personnel Rules;
NOW, THEREFORE, BE IT RESOLVED, the Board of Supervisors of the County of Butte
hereby amend the Personnel Rules of the County of Butte by adding Section 4.6 to
read as follows:
4.6 EMPLOYMENT OF THE HANDICAPPED
Handicapped applicants for employment require special consideration as part
of the employment process. State and Federal laws require that handicapped job
applicants are not discriminated against in recruitment, examination, selection
and other employment decisions. There continues to be changes in both the definition
of handicapped and in what steps an employer may or may not take in making employment
decisions.
Generally, applicants with physical disabilities or disabilities that are perceived
by the public to be handicapping conditions are protected. These statutes include
the California Fair Employemtn and Mousing Act (Government Code Section 12900
et seq. 'FEHA`), State Rehabilitation Act (Section 7135 of the Government Code)
and Section 503 and 504 of the Federal Rehabilitation Act of 1973 (29 U.S. Code
subsection 792-793).
In addition to the general definition above, Federal law covers applicants
with substance abuse problems and mental illness, while State law covers specific
medical conditions. It is difficult to generalize how individuals vaith these
conditions are protected under the law.
The basic provisions of these laws prohibit requiring something different from
handicapped applicants than for those who are not handicapped. For practical
purposes the handicap of an applicant may not be considered until after a decision
has been made to offer employment.
When a handicapped candidate is offered a position, it should be made subject
to determining the extent to which accommodations will need to be made to have the
job performed. These accommodations may involve such things as raising a desk
in order that a wheel chair may be in the correct position for typing, allowing the
use of the candidate's specially equipped vehicle when. on County business or
other modification to the work.
Accommodation would be fora specific position not a class of positions. As
an example: If a person has been accommodated in the C7 ass of Social Worker TII
and a vacancy occurs in another division of the lJelfare Department, the process
of selection, evaluation of the physical demands of the new position, necessary
accommodation, etc. would need to be repeated to consider this person for the
position in the other division. Accomodations, however, are to be reasonable and
not place an undue hardship on the County to accommodate the handicap.
In order to properly consider accommodation, the limitations to performing the
job without accommodation, the nature of the accommodation required, including cost
and the extent of ongoing efforts to accommodate need to be documented.
Should an appointing authority determine that it would place an undue hardship
on the Department in accommodating a handicapped candidate, the candidate should
be notified of the decision along with the Personnel Department. Such a decision
shall not remove a handicapped person from the eligibility list for the class, unless
all positions within the class would required the same accommodations.
Sec~i,on 4.6 - page 2
Such factors as anticipated future health care costs, potential workers'
compensation claims, or future disability retirement applications m~ not be
considered in making the decision to hire a handicapped person.
Both the probability of a candidate having excessive absence from employment
and the extent to which they may pose a danger to themselves and others may be
considered, but only after evaluating what accommodation could be made to reduce
the effect of absences and reduce the danger they may pose to themselves or others.
If the review determines that the measures necessary to reduce the impact of absences
or the hazards to them and others, create an undue hardship on the department,
they may be denied employment.
As with other employees and applicants, medical condition information is
confidential and may only be released to supervisors or medical emergency personnel
who would meet the test of having a legitimate need to know.
PASSED AND ADOPTED this first day of September, 1987, by the County of Butte,
Board of Supervisors by the following vote:
AYES: Supervisors Fulton, McInturf, Vercruse and Chair Dolan
NOES: None
ABSENT: Supervisor McLaughlin
NOT VOTING: None A ~ (~
E gOLAN, Ghair of the
to ounty Board of Supervisors
ATTEST:
MARTIN J. NICHOLS, Chief Administrataive Officer
and Clerk of the Board of Supervisors