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MRSC Index Personnel - Americans with Disabilities Act (ADA) - employment, accessibility to workplace environment, reasonable accommodation
| A topical index to MRSC's information resources. |
Personnel: PE 2.2050 - Americans with Disabilities Act (ADA) - employment, accessibility to workplace environment, reasonable accommodation
Electronic Documents (2 Results)
- Compliance with the Americans With Disabilities Act
Policy/Procedure | Document Date: 12/00
Jurisdiction: Tumwater - ADA policy and notice
Policy/Procedure | Document Date: 8/08
Jurisdiction: Port Angeles
Paper Documents (3 Results)
- "I can smell that!" by Jerry L. Pigsley. Nebraska Legal Review, January 2009 (v)
Request this document | Document Date: 1/09
Jurisdiction: Other State - General personnel policies and practices
Request this document | Document Date: 8/99
Jurisdiction: Sumner - "ADA and disability discrmination," by Vickie Norris. AWC/LGPI Labor Relations Institute, May 2001
Request this document | Document Date:
MRSC Library Catalog Documents
Featured Inquiries (5 Results)
- What have cities and counties been doing to make job accommodations for employees with multiple chemical sensitivities?
We do not have any data in our files on what other cities or counties have been doing specifically to make "job accommodations" for employees with multiple chemical sensitivities. However, we did locate several resources on this subject through a Web search, including a searchable online accommodation Web site sponsored by the President's Committee on Employment of People with Disabilities which specifically addresses various possible accommodations for people with multiple chemical sensitivities:- Work-Site Accommodation Ideas for Individuals Who Experience Limitations Due to Chemical Sensitivity or Environmental Illness (EI) - Accommodation Network - President's Committee on Employment of People with Disabilities
- The Job Accommodation Process as Used by The Job Accommodation Network - Job Accommodation Network - President's Committee on Employment of People with Disabilities
- A Report on Multiple Chemical Sensitivity - The Interagency Workgroup on Multiple Chemical Sensitivity - Environmental Health Policy Committee
- Resources For Locating Reasonable Accommodations - U.S. Equal Employment Opportunity Commission
- Multiple Chemical Sensitivities: Public Policy - by Ronald E. Gots, M.D., Ph.D. - International Center for Toxicology and Medicine
- Multiple Chemical Sensitivity Syndrome - MCS Referral & Resources, Inc.
- Washington State Multiple Chemical Sensitivity Network
- Must employee medical records be kept separate from the regular personnel records?
There are several federal regulations that require or strongly urge that all medical records be kept separate from regular personnel files. The regulations are adopted under the Americans with Disabilities Act (ADA), the Rehabilitation Act of 1973, and, more recently, the Health Insurance Portability and Accountability Act (HIPAA). We recommend that all cities keep medical records in a separate cabinet, with limited access (preferably locked). It is important that employment decisions not be based upon medical information, except as specifically allowed by federal law. The city attorney should be consulted when there are issues of this type.For information on public records disclosure, see:
- Frequently Asked Questions on Public Records Disclosure - MRSC Web page
- Public Records Disclosure - MRSC Web page
- Public Records Act for Washington Cities and Counties, Municipal Research & Services Center of Washington, Report No. 61, May 2007
- Is a learning disability a covered disability under the Americans with Disability Act (ADA)?
Yes. The regulations adopted under the ADA define "disability" to include "A physical or mental impairment that substantially limits one or more of the major life activities." 29 CFR 160.2; 28 CFR 35.104. A "physical or mental impairment" is defined in these regulations to include "Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.However, this does not mean that a person who can't read is considered disabled under the ADA unless the inability to read is a result of a learning disability such as dyslexia. If a person is illiterate because of a deficient education, he or she is not considered disabled under the ADA.
- Are councilmembers covered by the employment provisions of the ADA?
Yes. Although councilmembers and some other elected officials are not often considered regular employees (due to the minimal pay, particularly in smaller cities), the ADA covers such officials. - May an employer request a doctor's note from an employee to substantiate the need for sick leave?
Yes. This question implicates the Americans with Disabilities Act (ADA), because a rule requiring a doctor's note can be viewed as a "disability-related inquiry." According to the U.S. Equal Employment Opportunity Commission (EEOC), a "disability-related inquiry" is a question that is likely to elicit information about a disability. Enforcement Guidance: Disability-Related Inquiries and Medical Examinations of Employees under the Americans with Disabilities Act (EEOC, 7/2000). Such an inquiry is permissible under the ADA only if it is "job-related and consistent with business necessity." According to the EEOC, it is permissible for an employer to request an employee to provide a doctor's note or other explanation to substantiate his/her use of sick leave:- An employer is entitled to know why an employee is requesting sick leave. An employer, therefore, may ask an employee to justify his/her use of sick leave by providing a doctor's note or other explanation, as long as it has a policy or practice of requiring all employees, with and without disabilities, to do so. (EEOC Guidance, at Question 15)
For general information on this topic, see MRSC's "Americans with Disabilities Act" Web page.
Subject Pages (1 Results)
- Americans with Disabilities Act
Information for Washington cities and counties on the Americans with Disabilities Act

