Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 14 - Department of Finance (Administrative Services) › Rule 016.14.11-005 - DHS Policy 1078, Americans with Disabilities Act (ADA)

Current through Register Vol. 49, No. 6, June, 2024
1078.0.0
AMERICANS WITH DISABILITIES
			 ACT
1078.1.0
Purpose
It is the policy of the Arkansas Department of Human Services
				that a quaHfied person with a disability will not be excluded from
				participating in any program or be denied benefits of any program or be
				subjected to discrimination under any program, service, activity or employment
				opportunity in violation of the Americans with Disabilities Act of 1990 (ADA),
				as amended, or the Rehabilitation Act of 1973, as amended in 2008.
1078.2.0
Definitions
1078.2.1
ADA
- The Americans with Disabilities Act of 1990,
			 including changes made by the ADA Amendments Act of 2008 (
			 P.L.
			 110-325 ), which became effective on January
			 1,2009.
1078.2.2
Appeal
			 from Employee
- a formal request to the DHS Personnel Compliance
			 Official (FMLA, ADA, Workers' Compensation) to approve or modify a reasonable
			 accommodation.
1078.2.3
Complaint Alleging Discrimination
- A DHS-2808 filled
			 out by the complainant or the complainant's representative. Documentation of
			 disability or documentation supporting the allegation that the person is
			 regarded as having a disability must be attached to the DHS-2808. Alternative
			 means of filing complaints, such as personal interviews or a tape recording of
			 the complaint will be made available for persons with disabilities upon
			 request. (See Attachment A)
1078.2.4
DHS
- The
			 Arkansas Department of Human Services, its divisions, offices and
			 programs.
1078.2.5
DHS
			 Personnel Compliance Official-
The person appointed by the DHS
			 Director or designee as the administrator of personnel compliance activities,
			 including ADA, FMLA, and Workers' Compensation.
1078.2.6
Division ADA
			 Coordinator
- A person appointed by each Division Director or
			 designee to serve as a liaison between the DHS Policy and Administrative
			 Program Management Unit (PAPM), the DHS Personnel Compliance Official, the
			 public, and division employees regarding ADA issues. Designees may also be
			 assigned for institutional programs or county offices.
1078.2.7
Equal Employment
			 Opportunity Commission
- The U.S. Equal Employment Opportunity--
			 Commission enforces Federal laws prohibiting employment
			 discrimination.
1078.2.8
Essential Functions of the Job
- Essential functions
			 are the basic job duties that an employee must be able to perform, with or
			 without reasonable accommodation. They are the tasks that are considered to be
			 fundamental, critical, primary, and necessary. Supervisors are required to
			 determine what functions are actually performed in the job, and which, if
			 eliminated, would fundamentally alter the nature of the job.
1078.2.9
Interactive
			 Process
- The process of cooperative dialogue or discussions
			 between the employee and DHS management representatives, including immediate
			 supervisor/manager, division ADA coordinator, and division personnel staff. The
			 DHS Policy and Administrative Program Management Unit (PAPM), and the DHS
			 Personnel Compliance Official or the Office of Chief Counsel should be
			 contacted for guidance. The process begins when an employee or applicant
			 informs his or her supervisor or hiring official of an impairment and requests
			 a barrier removal, work-related accommodation or change in the work environment
			 or procedures, or needs special tools (other than personal use items) to
			 participate in the application process or perform the essential functions of
			 the job. The purpose of the interactive process is as follows:
A. evaluating whether the medical condition
			 qualifies as a disability under ADA;
B. determining the disability's effect upon
			 the essential functions of the job;
C. crafting an effective accommodation to
			 enable the individual to participate in the application process or to perform
			 the essential functions of the job; and
D. taking prompt action to offer and
			 implement the reasonable accommodation.