SOP 104.21: Americans with Disabilities Act, Title I (Employment Provisions)

|GEORGIA GDC OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Americans with Disabilities Act, Title I (Employment Provisions)|Policy Name:Americans with Disabilities Act, Title I (Employment Provisions)|Policy Name:Americans with Disabilities Act, Title I (Employment Provisions)|
|Policy Number: 104.21|Effective Date: 4/25/17|Page Number 1 of 7|
|Authority:
Commissioner|Originating Division:
Administration and Finance
Division (Human Resources)
|Access Listing:
Level I: All Access
|

I. Introduction and Summary :
The Georgia Department of Corrections (GDC) shall comply with the Americans with
Disabilities Act Amendments Act of 2008 (ADA Amendments Act) and other applicable
laws, rules, and regulations regarding the prohibition of employment discrimination on the
basis of disability. GDC employees shall not retaliate against a person who opposes or
complains about prohibited conduct or participates in any way in the complaint, investigation
or reasonable accommodation processes.

II. Authority :

A `.` Title VII of the Civil Rights Act of 1964, as amended by the Civil Rights Act of
1990;

B. Section 504 of the Rehabilitation Act of 1973;

C. Americans with Disabilities Act Amendments Act of 2008;

D. Fair Employment Practices Act;

E. O.C.G.A. §45-19-20 et seq.;

F. Controlled Substances Act (21 U.S.C. 812);

G. O.C.G.A. §45-2-40;

H. State Personnel Board Rules: 478-1-.03, Antidiscrimination; 478-1-.15, Changes to
Employment Status; and 478-1-.16 Absence from Work; and

I. GDC Policies: 104.22, Worker’s Compensation; 104.27, Suspension w/ Pay;
104.39.02, Annual & Terminal Leave; 104.39.04, Leave without Pay; 104.39.06, Sick
Leave; 104.39.11, Personal Leave; 104.39.12, Family Medical Leave; 104.39.13, and
Leave Donation Program.

III. Definitions :

A. ADA Amendments Act (ADA) – Americans with Disabilities Act Amendments Act
of 2008

B. Disability - A physical or mental impairment that substantially limits one or more of
the major life activities of an individual; a record of such as impairment; or being
regarded as having such an impairment. (Note: Individuals who are “regarded as”
having a disability are not entitled to reasonable accommodation.)

|GEORGIA GDC OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Americans with Disabilities Act, Title I (Employment Provisions)|Policy Name:Americans with Disabilities Act, Title I (Employment Provisions)|Policy Name:Americans with Disabilities Act, Title I (Employment Provisions)|
|Policy Number: 104.21|Effective Date: 4/25/17|Page Number 2 of 7|
|Authority:
Commissioner|Originating Division:
Administration and Finance
Division (Human Resources)
|Access Listing:
Level I: All Access
|

C. Drug - A controlled substance, as defined in schedules I through V of section 202 of
the Controlled Substances Act (21 U.S.C. 812).

D. Essential Job Function - A fundamental job duty of a position, as opposed to a
marginal function of that position. The reason the position exists is to perform the
“essential functions” of that position, with or without reasonable accommodation.

E. Illegal Use of Drugs - The use of drugs, the possession or distribution of which is
unlawful under the Controlled Substances Act (21 U.S.C. 812). This does not include
the use of a drug taken under supervision of a licensed health care professional, or
other uses authorized by the Controlled Substances Act or other provisions of Federal
Law.

F. Major Life Activity - Major life activities include, but not limited to, caring for
oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking,
standing, lifting, bending, speaking, breathing, learning, reading, concentrating,
thinking, communicating, and working. Also, include the operation of a major bodily
function, including but not limited to, functions of the immune system, normal cell
growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory,
endocrine, and reproductive functions.

G. Qualified Individual with a Disability - An individual with a disability who, with
or without reasonable accommodation, can perform the essential functions of the
position that the individual holds or desires. This does not include an individual who
is currently engaging in the illegal use of drugs, when actions are taken on the basis
of such use.

H. Reasonable Accommodation - A modification or adjustment either in the way work
is customarily done, or in the work environment, permitting an employee to continue
to perform the essential functions of a job. Accommodations may include specialized
equipment, facility modifications, and adjustments to work schedules or job duties.

I. Undue Hardship - An action that if granted as an accommodation would require
significant difficulty or expense when the following factors are considered:

1. The nature and cost of the accommodation;
2. The overall financial resources of the organizations(s) involved in the

provision of the reasonable accommodation;
3. The number of employees affected by the accommodation; and

|GEORGIA GDC OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Americans with Disabilities Act, Title I (Employment Provisions)|Policy Name:Americans with Disabilities Act, Title I (Employment Provisions)|Policy Name:Americans with Disabilities Act, Title I (Employment Provisions)|
|Policy Number: 104.21|Effective Date: 4/25/17|Page Number 3 of 7|
|Authority:
Commissioner|Originating Division:
Administration and Finance
Division (Human Resources)
|Access Listing:
Level I: All Access
|

4. The impact of such accommodation upon the operation of the organization.

IV. Statement of Policy and Applicable Procedures :
GDC will comply with the ADA Amendments Act.

The Correction Human Resource Management (CHRM) Compliance Unit manages all
employment related discrimination issues involving applicants and GDC employees. CHRM
Compliance Unit will provide guidance, coordination, and technical assistance to GDC
managers and supervisors on the application of this policy, equal opportunity diversity
training, monitoring, and corrective action of unlawful discrimination management activities.
Each facility/office/program will post a copy of the Equal Employment Opportunity
Commission Poster, Attachment 1, on the Official Bulletin Board.

Hiring Managers will ensure that qualification standards, tests, or selection criteria
are job related and consistent with business necessity.

Health information of employees and requests for accommodations is confidential.
Managers, supervisors, and human resources staff will not provide other staff the reason for
an accommodation or any other information regarding an accommodation request.

A. Pre-employment Inquires:
1. If an applicant requests reasonable accommodations for the interview under
the ADA Amendments Act, the Hiring Manager will contact the Correctional
Human Resource Management (CHRM) Compliance Unit for guidance.

2. Hiring Managers will not permit any pre-employment inquiries about the
existence, nature, or severity of an applicant’s disabilities prior to a
conditional offer of employment.

3. Hiring Managers may permit pre-employment inquiries about the ability of an
applicant to perform essential job functions only if the inquiry is made of all
applicants.

4. During the interview, if an applicant requests an accommodation for the
position, the applicant will be advised that the accommodation will be taken
into consideration if selected. The Hiring Manager will consult with the

|GEORGIA GDC OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Americans with Disabilities Act, Title I (Employment Provisions)|Policy Name:Americans with Disabilities Act, Title I (Employment Provisions)|Policy Name:Americans with Disabilities Act, Title I (Employment Provisions)|
|Policy Number: 104.21|Effective Date: 4/25/17|Page Number 4 of 7|
|Authority:
Commissioner|Originating Division:
Administration and Finance
Division (Human Resources)
|Access Listing:
Level I: All Access
|

CHRM Compliance Unit about the request before making the selection for the
position.

B. Medical Examinations:
1. All medical and physical examinations of prospective and current employees
must be job related, consistent with business necessity and performed by nonGDC medical staff.

2. Post Offer Examinations:
a. A medical examination may not be used to eliminate applicants for
employment.
b. A medical examination will be permissible when:
1. A conditional offer of employment has been made; and/or
2. All entering employees are subjected to an examination regardless

of disability.
c. An offer of employment may be made contingent upon an applicant
successfully passing a physical examination.
d. All pre-employment medical and physical examinations will be
administered in accordance with laws, rules, regulations, and policies
governing the State’s Medical and Physical Examination Program
(MAPEP)

C. Reasonable Accommodations:
1. General Procedures:
a. The GDC will attempt to provide a reasonable accommodation if, to
do so, does not interfere with the employee’s ability to perform the
essential functions of the position or impose an undue hardship on the
employee’s work unit.
b. Individuals who are “regarded as” having a disability are entitled
to reasonable accommodation.

2. Requesting an Accommodation:
a. A request for an accommodation should be submitted to the HR office
serving the employee/selectee work unit when possible.
b. The unit receiving the request will immediately forward the request to
the CHRM Compliance Unit. No formal commitment to the
accommodation request will be made at this time.

|GEORGIA GDC OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Americans with Disabilities Act, Title I (Employment Provisions)|Policy Name:Americans with Disabilities Act, Title I (Employment Provisions)|Policy Name:Americans with Disabilities Act, Title I (Employment Provisions)|
|Policy Number: 104.21|Effective Date: 4/25/17|Page Number 5 of 7|
|Authority:
Commissioner|Originating Division:
Administration and Finance
Division (Human Resources)
|Access Listing:
Level I: All Access
|

3. Medical Validation:
a. All request for reasonable accommodations will require medical
validation.
b. The ADA Physician’s Statement, Attachment 2, will serve as the
medical validation and must be completed by the employee’s attending
physician.
c. A copy of the employee’s current job description and individual
performance plan (if available) will be attached to the ADA
Physician’s Statement to assist the physician in the review of the
medical evaluation of the employee’s disability/medical condition in
relation to the essential or apparent job functions.
d. In addition, the employee may grant permission, in writing, for the
Director of Human Resources, CHRM Compliance Unit, or
appropriate personnel, to communicate directly with the physician
regarding the accommodation request. To grant this permission, the
applicant/employee will be required to sign the Authorization for
Release of Medical Information, Attachment 3.

4. Determination of Reasonable Accommodation:
a. A decision on the request will not be made until the Director of
Human Resources and/or CHRM Compliance Unit receives the
medical validation and the information is analyzed.
b. The CHRM Compliance Unit will communicate the determination to
the applicant/employee, in writing. The confirmation will be filed in
the employee’s medical file.
d. The applicant/employee must perform the essential functions of the
position, whether the accommodation is accepted or not.

5. Temporary and Modified Work Assignments:
a. The employee may be placed in a modified work environment or given
temporary duties or a modified work assignment until a decision on
the reasonable accommodation can be made.
b. A temporary or modified work assignment will not continue after a
decision has been rendered regarding the reasonable accommodation
request.
c. If the employee is unable to return to work and perform the essential
functions of the position, family and medical leave may be authorized

|GEORGIA GDC OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Americans with Disabilities Act, Title I (Employment Provisions)|Policy Name:Americans with Disabilities Act, Title I (Employment Provisions)|Policy Name:Americans with Disabilities Act, Title I (Employment Provisions)|
|Policy Number: 104.21|Effective Date: 4/25/17|Page Number 6 of 7|
|Authority:
Commissioner|Originating Division:
Administration and Finance
Division (Human Resources)
|Access Listing:
Level I: All Access
|

or other forms of authorized leave with or without pay may be
considered by the Director of Human Resources.

6. Alternative Employment:
a. When reasonable accommodation is not possible, an employee may be
offered alternative employment to a vacant position, if minimum
qualifications for the job code can be met.

D. Illegal Use of Drugs and Misuse of Alcohol:
1. The term “qualified individual with a disability” will include an individual
who:
a. Has successfully completed a supervised drug rehabilitation program
and is no longer engaging in the illegal use of drugs, or has otherwise
been rehabilitated successfully and is no longer engaging in such use;
b. Is participating in a supervised rehabilitation program and is no longer
engaging in such use; or
c. Is erroneously regarded as engaging in such use, but is not engaging in
such use. (Note: Individuals who are “regarded as” having a
disability, are not entitled to reasonable accommodation.)

2. An employee who uses drugs illegally or who has been medically diagnosed
to be an alcoholic will be subject to the same qualification standards for
employment, job performance and behavior standards and/or expectations,
and terms and conditions of employment that other employees are subject to,
even if unsatisfactory performance or behavior is related to the employee’s
drug use or alcoholism.

3. A test to determine the illegal use of drugs will not be considered a medical
examination.

E. Separation from Employment Due to the Inability to Perform Essential Duties:
1. An employee may be separated from employment when:
a. There is no reasonable accommodation that can be made
without incurring an undue hardship; and/or
b. Additional leave options have been considered and are either
determined not to be available or cannot be granted without
undue hardship; or
c. There are other considerations by the Director of Human Resources.

|GEORGIA GDC OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name:Americans with Disabilities Act, Title I (Employment Provisions)|Policy Name:Americans with Disabilities Act, Title I (Employment Provisions)|Policy Name:Americans with Disabilities Act, Title I (Employment Provisions)|
|Policy Number: 104.21|Effective Date: 4/25/17|Page Number 7 of 7|
|Authority:
Commissioner|Originating Division:
Administration and Finance
Division (Human Resources)
|Access Listing:
Level I: All Access
|

2. Classified employees with permanent status may only be separated
pursuant to State Personnel Board Rules and applicable GDC
policy.

F. Complaints:
1. Employees are encouraged to use internal procedures to address any
complaint concerning the GDC’s administration of the ADA
Amendments Act. Complaints may be filed in accordance with the following
policies, as applicable:
a. 104.43, Employee Complaint Resolution; and
b. 104.46, Unlawful Harassment (Includes Sexual Harassment).

V. Attachments :
Attachment 1 Equal Employment Opportunity Commission Poster;
Attachment 2 ADA Physician’s Statement; and
Attachment 3 Authorization for Release of Medical Information.

VI. Record Retention :
Attachment 1 shall be permanently placed on all Official Bulletin Boards in all work
locations. Attachments 2 and 3 shall be placed in the employee’s local medical file and
permanently retained.