Americans with Disabilities Act. Americans with Disabilities Act In Cities

Transcription

1 Americans with Disabilities Act In Cities City Clerks New Law & Elections Seminar La Jolla, December 2-4, 2015 PRESENTED BY Alison D. Alpert, Esq. Partner, Best Best & Krieger LLP 2015 Best Best & Krieger LLP Americans with Disabilities Act Three Components: Title I Employment Title II Public Services Title III Privately-Owned Public Accommodations 1

2 Title II of the ADA No qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity. Title II of the ADA Who must comply with Title II? All public entities State and local governments (NOT federal government) Departments, agencies, special purpose districts, or other instrumentalities of a State or local government Commuter districts, and AMTRAK Title II of the ADA Department of Justice (DOJ) regulations contain the specific prohibitions and requirements of Title II The Rehabilitation Act of 1974, section 504, applies to public entities receiving federal funding, and is essentially the same as Title II 2

3 Title II of the ADA What is required of the public entity? The entity must provide disabled individuals with an equal opportunity to benefit from government programs and services Example: A deaf individual does not receive an equal opportunity to benefit from attending a city council meeting if he does not have access to what is said Example: A vision-impaired individual does not have an equal opportunity to access government information that is only available in a printed format Title II Public Programs/Services Title II applies to everything a public entity does. Includes public services, as well as public facilities Exercise facilities, recreation facilities (mini golf, boating, amusement parks, playgrounds, pools, etc.) Zoning, Police/Emergency Services, Websites Consequences of non-compliance: Injunctive relief Attorney s fees and expert s costs Damages for deliberate indifference Statutory damages of $4,000 per violation under California Law Title II of the ADA How does the entity ensure equal access? The entity may NOT exclude the individual Instead, the entity must make reasonable modifications in policies, practices, and procedures Public entities must take appropriate steps to ensure they can communicate as effectively with people with disabilities as people without disabilities, using auxiliary aids and services where necessary (28 C.F.R (a) and (b)) 3

4 Keys to Providing Access Must be meaningful access Independent Integrated No surcharge Three Exceptions: Undue Financial Burden Is it really? Over the course of 20 years? Undue Administrative Burden Fundamental Alteration to Program Direct threat to health or safety of others Don t be disingenuous Don t use defenses to single anybody out for different treatment Two Types: Public Facilities Existing Facilities Not constructed or altered since January Program Access Standard Do not have to retrofit but still must provide access to all programs Must consider the program when viewed in its entirety May relocate programs or other alternatives New Facilities Constructed or altered since Design Standard new or altered portions must comply with design standards (Generally ADAAG) Program Accessibility Program, service or activity when viewed in entirety is accessible to and usable by individuals with disabilities A public entity may comply by: Purchase of equipment Reassignment of services to accessible buildings Assignment of aides to beneficiaries, home visits, delivery of services at alternate accessible sites Alteration of existing facilities and construction of new facilities Or any other methods that result in making its services, programs, or activities readily accessible 4

5 What Triggers ADA Upgrades? New Construction Alteration: A change that affects or could affect the usability of all or part of a building or facility. Generally is a physical change excludes painting and other maintenance. Accessible Route: Alteration triggers upgrades to accessible routes to area, as well as restrooms, phones, and drinking fountains. Unless the upgrades to the accessible route are not proportional to the cost of the primary upgrade (i.e., greater than 20%) CDBG Funds May be Used For Barrier Removal Buildings or Portion used for General Conduct of Government generally cannot be assisted by CDBG Funds- But can remove architectural barriers Is the work being done principally to remove barriers which restrict the mobility and accessibility of disabled persons Not general improvements Auxiliary Aids Auxiliary aids include: Qualified sign language interpreters Readers and notetakers Computer-aided transcription services Written materials, Braille, and large print Open and closed captioning Telecommunication devices for the deaf (TTYs) Telephone handset amplifiers and telephones compatible with hearing aids Assistive listening devices 5

6 Personal Devices and Services Not required to provide personal devices or services Examples Wheelchair Eyeglasses Help with dressing, eating, bathing Hearing aids Auxiliary Aid Example: A museum hosts public tours. A deaf individual wants to attend one of the tours. The museum is under an obligation to provide an accommodation for the disabled individual, such as an ASL interpreter. If the individual does not know sign language, the museum must provide another auxiliary aid, such as an assistive listening device. Auxiliary Aid Example: A public entity provides information in written form. The entity must, when requested, make that information available to individuals with vision impairments. "Large print" versions of written documents may be produced on a copier with enlargement capacities. Brailled versions of documents produced by computers may be produced with a Braille printer, or audio tapes may be provided for individuals who are unable to read large print or do not use Braille. 6

7 Auxiliary Aid How should an employee know which auxiliary aid to offer? In many cases, individuals will request a specific type of device (discussed below) If the individual does not request a specific device, the employee should communicate with the individual and make a determination based on the length and complexity of the communication Auxiliary Aid Example: If an individual with a speech impairment is trying to communicate one-on-one with a city employee, no device may be necessary. The individual may be able to be understood if individuals dealing with them merely listen carefully and take extra time. But for a more complex transaction, such as a public meeting or a detailed hospital interaction, an interpreter may be necessary. Example: For individuals with vision impairments, employees can provide oral directions or read written instructions for simple communications, such as paying bills or filing applications. But if the communication is extremely important, lengthy, or involves multiple people, sign language or oral interpreters, for example, may be required. Auxiliary Aid When an auxiliary aid is requested, the entity must: Give the individual an opportunity to request a specific type of assistive device Give primary consideration to the type of device the disabled person requests This means that the public entity must honor the choice, unless it can demonstrate that another equally effective means of communication is available, or that use of the means chosen would result in a fundamental alteration in the service, program, or activity or in undue financial and administrative burdens. (28 C.F.R , ) The final decision of what type of accommodation to provide, if requested, is the entity s 7

8 Auxiliary Aid Example: A city prepares to hold its annual budget meeting. A request is made through the meeting coordinator for real time captioning to be provided for a person who is deaf. Real time captioning displays the spoken content from a meeting or a speech on a large television screen as text. The city considers the request, but after discussing alternatives with the individual who made the request, learns that the individual is fluent in American Sign Language. The city offers to provide a qualified ASL sign language interpreter for the meeting because it has determined from discussions with the individual that the interpreter can provide effective communication. Duvall v. County of Kitsap (9th Cir. 2001) 260 F.3d 1124 Hearing-impaired plaintiff sued the county under Title II and the Rehabilitation Act for failing to accommodate his request for real-time transcription during his marriage dissolution proceedings The plaintiff did not read sign language, but the county offered him an assistive listening device and special acoustic courtroom The court reversed summary judgment for the county, finding that it did not give primary consideration to the plaintiff s request, and should have investigated the availability of real-time transcription Auxiliary Aid Hearing Impairments Some individuals who were deaf at birth or who lost their hearing before acquiring language use sign language as their primary form of communication and may be uncomfortable or not proficient with written English, making use of a notepad an ineffective means of communication. Individuals who lose their hearing later in life may not be familiar with sign language and can communicate effectively through writing. For these individuals, use of a word processor with a videotext display may provide effective communication in transactions that are long or complex. Individuals with less severe hearing impairments are often able to communicate most effectively with voice amplification provided by an assistive listening device. 8

9 Auxiliary Aid/Service Who is a qualified interpreter? An individual may not be required to provide their own interpreter On request, the interpreter must not have a personal relationship with the disabled individual The interpreter need not be certified, but must be able to communicate effectively, accurately, and impartially, through the use of any necessary specialized vocabulary Auxiliary Aid 2010 ADAAG Standards Council Chamber Hearing Loop vs. Assisted Listening Devices Hearing Loop: Cables placed around a room so hearing aids can pick up magnetic signals Higher initial cost, but convenient and take away stigma and hygienic concerns from assisted listening devices Assisted Listening Devices: Individual devices that amplify sounds Lower initial cost, can be used without hearing aids Auxiliary Aid Vision Impairments Appropriate auxiliary aids include readers, audio recordings, Brailled materials, and large print materials Brailled materials are ineffective for many individuals with vision impairments who do not read Braille, just as large print materials would be ineffective for individuals with severely impaired vision who rely on Braille or on audio communications 9

10 Example: Project Civic Access Settlement City of Santa Rosa (2009) City must have and implement procedures for fulfilling requests from the public for sign language or oral interpreters, real-time transcription services, and documents in alternate formats (Braille, large print, cassette tapes, accessible electronic format (e.g., HTML), etc.). Must ensure that all appropriate employees are trained and practiced in using the California Relay Service (CRS) to make and receive calls. Fundamental Alterations or Undue Burden In those circumstances where personnel of the public entity believe that the proposed action would fundamentally alter the service, program, or activity or would result in undue financial and administrative burdens, a public entity has the burden of proving that compliance with this subpart would result in such alteration or burdens. The decision must be made by the head of the public entity or his or her designee (Dept. Head)-Considering all resources available for use in the funding and operation of the service, program, or activity and must be accompanied by a written statement of the reasons for reaching that conclusion. Public entity shall take any other action that would not result in such an alteration or such burdens but would nevertheless ensure that, to the maximum extent possible, individuals with disabilities receive the benefits or services provided by the public entity. (28 C.F.R , ) Undue Burden Example: A municipal zoning ordinance requires a set-back of 12 feet from the curb in the central business district. In order to install a ramp to the front entrance of a pharmacy, the owner must encroach on the set-back by three feet. Granting a variance in the zoning requirement is likely a reasonable modification of town policy, not an undue burden. Example: A county general relief program provides emergency food, shelter, and cash grants to individuals who demonstrate eligibility. The application process, however, is lengthy and complex. When individuals with mental disabilities apply for benefits, they are unable to complete the process successfully. As a result, they are effectively denied benefits to which they are otherwise entitled. The county has an obligation to make reasonable modifications to its application process to ensure that otherwise eligible individuals are not denied needed benefits. Modifications to the relief program might include simplifying the application process or providing applicants who have mental disabilities with individualized assistance to complete the process. Example: A county ordinance prohibits the use of golf carts on public highways. An individual with a mobility impairment uses a golf cart as a mobility device. Allowing use of the golf cart as a mobility device on the shoulders of public highways where pedestrians are permitted, in limited circumstances that do not involve a significant risk to the health or safety of others, is a reasonable modification of the county policy. 10

11 Undue Burden Requiring a police officer to wait for an oral interpreter before administering a field sobriety test is not a reasonable accommodation because of timing and safety concerns (Bircoll v. Miami-Dade County (11th Cir. 2007) 480 F.3d 1072) Allowing a medical student with a reading disability to modify her schedule to only complete half of a required clerkship program at a time would unreasonably require a substantial modification of the school s curriculum and weaken its academic integrity (Zukle v. Regents of the Univ. of Cal. (9th Cir. 1999) 166 F.3d 1041) Fundamental Alterations Allowing unlimited time to speak at a Council meeting? Allowing access to employee bathrooms? Allowing a citizen to call in to make public comment or participate on their matter? Memmer v. Marin County Courts (9th Cir. 1999) 169 F.3d 630 Vision-impaired plaintiff sued the court after they provided her with a reader trained in Spanish-language interpretation rather than disability interpretation, and who was not the reader of her choice The court held that accommodating the plaintiff did not require more than a helper with the ability to observe, to read, and to communicate verbally with her - skills possessed by the average person and the Spanish-language interpreter Further, allowing an individual to refuse outright the services of a court-appointed assistant in favor of one who had previously been deemed a vexatious and disruptive litigant would require the court to make "substantial modifications" in the way it runs 11

12 Cal. Council for the Blind v. County of Alameda (N.D. Cal. 2013) 985 F. Supp. 2d 1229 Blind and visually impaired voters went to vote in a public election and found that poll workers did not know how to operate the accessible voting machines that would allow them to vote privately with the use of headphones and a tactile keyboard, so they had to vote with the assistance of a third party The court held that requiring blind and visually impaired individuals to vote with the assistance of a third party at best provides these individuals with an inferior voting experience not equal to that afforded others, because their vote was not confidential The county also did not contest the voters claim that technological developments make accessible voting machines at every polling site a feasible reality, and not a fundamental alteration or an undue burden As such, the accommodation did not comply with the ADA or Rehabilitation Act, and operable machines at every voting site were required City Events and Public Meetings All legislative meetings that are open to the public must comply with the ADA (Gov. Code ) On request, distributed writings must be made available in alternative formats (Gov. Code ; (c)) Braille, large print, audio cassettes As discussed above, interpreters are likely required for public meetings because of the number of people attending and complexity of the situation, as opposed to one-on-one meetings The meeting agenda must include information on the availability of disability-related aids (Gov. Code (a)(1)) City Events and Public Meetings Alternative Formats for Meeting Agenda: Braille, large print, files on computer disk that can be used in a personal computer, or an audiotape recording of the print document or individual who can read the document aloud The Brown Act, Government Code section et seq., further provides that meeting agenda must be posted in a freely accessible location, 72 hours before a regular meeting, and 24 hours before a special meeting 12

13 Timing When does an individual need to request an aid/accommodation, and how soon does it need to be fulfilled? The ADA does not specify a particular time period for accommodation requests or providing accommodations But the DOJ requires accommodations to be made in a timely manner Failure to do so could result in an ADA violation Solution: put a standard request period in all public notices and materials regarding the ADA, such as 48 or 72-hours advance notice However, if the individual does not meet the stated period, must still make an effort to comply with the request Closed Captioning Audio portions of television programs are subject to the requirement to provide equally effective communication to individuals with hearing impairments There is no specific mandate for local government closed captioning in the ADA or Rehabilitation Act But... the DOJ lists closed captioning as sufficient to meet this requirement 28 C.F.R DOJ Technical Assistance Manual II : Audio portions of television and videotape programming produced by public entities are subject to the requirement to provide equally effective communication for individuals with hearing impairments. Closed captioning of such programs is sufficient to meet this requirement. Closed Captioning Exception: Section 402 of the ADA specifically requires captioning of all public service announcements: "Any television public service announcement that is produced or funded in whole or in part by any agency of Federal Government shall include closed captioning of the verbal content." (47 U.S.C. 611) 13

14 Closed Captioning FCC Closed Captioning Regulations All new video programming from video programming distributors must be closed captioned, unless exempt (47 C.F.R. 79.1) Local governments are not video programming distributors because they are not licensed by the FCC, so they are not subject to the closed captioning requirements Also, although there is no specific exemption for government programming, there are exemptions for locallyproduced non-news programming, educational programming, and channels that generate less than $3 million per year Closed Captioning Takeaway It is likely that closed captioning is not required under the FCC regulations, except for federallyfunded public service announcements However, closed captioning for all programs is a good idea because it is sufficient to show compliance with the ADA and would help avoid a lawsuit Website Accessibility Having a website with accessible features helps local governments comply with Title II The DOJ advises that local government websites: Add descriptive text to every image and video Provide all documents in a HTML format in addition to PDF Use settings that allow users to dictate font size and color Train webpage developers on accessibility, post a phone number for suggestions or complaints 14

15 ADA Compliance Procedures ADA Accrediting and Consulting evaluators have begun contacting local agencies to determine ADA compliance in the following areas: Designation of a responsible employee (ADA Coordinator) Grievance procedures Notice to the public ADA self-evaluation ADA transition plan ADA Compliance Procedures ADA Coordinator Public entities with 50 or more employees must designate at least one employee to coordinate ADA compliance (28 C.F.R (a)) Duties: Coordinating efforts to comply with Title II Investigate complaints that entity has violated Title II A public entity must make available the name, office address, and telephone number of any designated employee ADA Compliance Procedures Grievance Procedure Local governments with 50 or more employees are required to adopt and publish procedures for resolving grievances arising under Title II of the ADA (28 C.F.R ) There are no regulations specifying what the grievance procedure must include, but the DOJ has developed a sample procedure 15

16 ADA Compliance Procedures The grievance procedure should include: a description of how and where a complaint may be filed with the government entity; if a written complaint is required, a statement that alternative means of filing will be available to people with disabilities who require such an alternative; a description of the time frames and processes to be followed; information on how to appeal an adverse decision; and a statement of how long complaint files will be retained. [Name of Public Entity] Grievance Procedure Under The Americans with Disabilities Act This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act of 1990 ("ADA"). It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by the [name of public entity]. The [e.g. State,City, County,Town]'s Personnel Policy governs employment-related complaints of disability discrimination. The complaint should be in writing and contain information about the alleged discrimination such as name, address, phone number of complainant and location, date, and description of the problem. 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. The complaint should be submitted by the grievant and/or his/her designee as soon as possible but no later than 60 calendar days after the alleged violation to: [Insert ADA Coordinator s name] ADA Coordinator [and other title if appropriate] [Insert ADA Coordinator s mailing address] Within 15 calendar days after receipt of the complaint, [ADA Coordinator's name] or [his/her] designee will meet with the complainant to discuss the complaint and the possible resolutions. Within 15 calendar days of the meeting, [ADA Coordinator's name] or [his/her] designee will respond in writing, and where appropriate, in a format accessible to the complainant, such as large print, Braille, or audio tape. The response will explain the position of the [name of public entity] and offer options for substantive resolution of the complaint. If the response by [ADA Coordinator's name] or [his/her] designee does not satisfactorily resolve the issue, the complainant and/or his/her designee may appeal the decision within 15 calendar days after receipt of the response to the [City Manager/County Commissioner/ other appropriatehigh-level official] or [his/her] designee. Within 15 calendar days after receipt of the appeal, the [City Manager/County Commissioner/ other appropriatehigh-level official] or [his/her] designee will meet with the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after the meeting, the [City Manager/County Commissioner/ other appropriate high-level official] or [his/her] designee will respond in writing, and, where appropriate, in a format accessible to the complainant, with a final resolution of the complaint. All written complaints received by [name of ADA Coordinator] or [his/her] designee, appeals to the [City Manager/County Commissioner/ other appropriate high-level official] or [his/her] designee, and responses from these two offices will be retained by the [public entity] for at least three years. ADA Compliance Procedures Notice Regardless of size, all government agencies must provide the public with notice about the ADA (28 C.F.R ) States what the ADA requires of the entity (including effective communication and auxiliary aids), includes the name and contact for the ADA Coordinator, information about how to file a grievance complaint Posted in government buildings, event sites, websites, newspapers, applications, handbooks, announce at meetings 16

17 Notice Under the Americans with Disabilities Act In accordance with the requirements of title II of the Americans with Disabilities Act of 1990 ("ADA"), the [name of public entity] will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities. Employment: [name of public entity] does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under title I of the ADA. Effective Communication: [Name of public entity] will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in [name of public entity s] programs, services, and activities, including qualified sign language interpreters, documents in Braille, and other ways of making information and communications accessible to people who have speech, hearing, or vision impairments. Modifications to Policies and Procedures: [Name of public entity] will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities. For example, individuals with service animals are welcomed in [name of public entity] offices, even where pets are generally prohibited. Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in a program, service, or activity of [name of public entity], should contact the office of [name and contact information for ADA Coordinator] as soon as possible but no later than 48 hours before the scheduled event. The ADA does not require the [name of public entity] to take any action that would fundamentally alter the nature of its programs or services, or impose an undue financial or administrative burden. Complaints that a program, service, or activity of [name of public entity] is not accessible to persons with disabilities should be directed to [name and contact information for ADA Coordinator]. [Name of public entity] will not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable modifications of policy, such as retrieving items from locations that are open to the public but are not accessible to persons who use wheelchairs. ADA Compliance Procedures ADA Self-Evaluation Plan All entities are required to evaluate policies and practices to determine barriers that prevent disabled persons from having equal access to programs and facilities They do this by: Identifying all of the public entity's programs, activities, and services Review all the policies and practices that govern the administration of the public entity's programs, activities, and services Analyze whether these policies and practices adversely affect the full participation of individuals with disabilities Document this review and analysis through checklists and written reports Take immediate remedial action to eliminate the impediments to full and equivalent participation ADA Compliance Procedures ADA Self-Evaluation Plan Areas to Review Physical barriers to access (curbs, ramps, elevators, etc.) Communication systems A public entity should review its policies to ensure that they include provisions for readers for individualswith visual impairments; interpreters or other alternative communication measures, as appropriate, for individuals with hearing impairments; and amanuensesfor individualswith manualimpairments. A method for securing these services should be developed, including guidance on when and where these services will be provided. Where equipment is used as part of a public entity's program, activity, or service, an assessment should be made to ensure thatthe equipmentis usable by individualswith disabilities, particularly individualswith hearing, visual, and manualimpairments. In addition, a public entity should have policies thatensure thatits equipmentis maintainedin operable working order. (ADA Title II Technical Assistance Manual, II ) Ensure that written and visual materials do not portray disabled individuals in a demeaning manner Building and construction policies Employment policies Review whether measures have been taken to ensure that employees of a public entity are familiar with the policies and practices for the full participation of individuals with disabilities. If appropriate, training should be provided to employees 17

18 ADA Compliance Procedures ADA Transition Plan Where structural modifications are required to achieve program accessibility, a public entity with 50 or more employees must do a transition plan that provides for the removal of these barriers If a public entity previously completed a transition plan, then, at a minimum, it must cover those barriers to accessibility that were not addressed by its prior transition plan If a public entity has 50 or more employees, a copy of the transition plan must be made available for public inspection ADA Compliance Procedures What are the elements of an acceptable transition plan? A list of the physical barriers in a public entity's facilities that limit the accessibility of its programs, activities, or services to individuals with disabilities A detailed outline of the methods to be utilized to remove barriers and make facilities accessible A schedule for taking the necessary steps to achieve compliance with Title II. If the time period for achieving compliance is longer than one year, the plan should identify the interim steps that will be taken during each year of the transition period The name of the official responsible for the plan's implementation ADA Compliance Procedures Help! Our entity has not complied with any of these obligations: Identify a designated ADA Coordinator Train employees on ADA issues Use the DOJ guides to create notices and grievance procedures Assemble a team or hire a contractor to begin identifying barriers to access Once barriers are identified, create a transition plan 18

19 Title I- Employment Related Provisions of the ADA The ADA (and Rehabilitation Act) prohibit public employers from discriminating against qualified individuals with disabilities in every aspect of employment, including recruitment, hiring, promotion, demotion, layoff and return from layoff, compensation, job assignments, job classifications, paid or unpaid leave, fringe benefits, training, and employer-sponsored activities, including recreational or social programs Employee Accommodations Employers must make "reasonable accommodations" to the known physical or mental limitations of otherwise qualified applicants or employees with disabilities, unless the accommodation would impose an "undue hardship" on the operation of its program (29 C.F.R ) "Undue hardship" means significant difficulty or expense relative to the operation of a public entity's program Employee Accommodations Reasonable accommodation allows a disabled individual to participate in the job application process, to perform the essential functions of a job, or to enjoy benefits and privileges of employment equal to those enjoyed by employees without disabilities. The employer must engage with the employee to determine what type of accommodation is necessary - Interactive Process 19

20 Employee Accommodations Accommodation Examples: Acquiring or modifying equipment or devices Special furniture, room dividers, sound proofing Example: giving a secretary with back problems the option to have a movable desk for standing or sitting Job restructuring Transfer to another vacant position for which the employee is qualified (last resort), work from home/telecommuting, exchanging assignments with another employee Example: an employee with a mobility impairment requests that she be able to work at home two days a week. The employee s job involves some contact and coordination with other employees. Given the nature of her job, however, contact and coordination with other employees could be achieved effectively by telephone and . This would be a reasonable accommodation. Employee Accommodations Accommodation Examples Continued: Part-time or modified work schedules Specific hours, more frequent breaks, lactation breaks, flexible start time Making the workplace accessible to and usable by individuals with disabilities Ramps, elevators, parking, automatic doors Modification of policies Example: An employer has a policy prohibiting employees from eating or drinking at their work stations. An employee has diabetes and, in order to keep it under control, may need to have occasional snacks. In this circumstance, upon request, the employer would need to modify its general policy against eating or drinking at one's work station absent a showing that such a modification for the employee would create an undue hardship Accommodations for Councilmembers What if your city councilmember is blind, hearing impaired, or disabled? Like with other employees and citizens, the city must make reasonable accommodations to allow the councilmember to perform the functions of his or her elected position 20

21 Accommodations City Councilmember Accommodations Communications with staff and provision of agenda materials May require a note taker or interpreter, personal assistant, auxiliary aids, etc. Modifications in policies and procedures Example: travel reimbursement policy, guide dogs Issue: When attending events, who is required to make the modification or provide the auxiliary aids or services? Thank you for attending. Alison D. Alpert Partner Best Best & Krieger LLP Phone: alison.alpert@bbklaw.com 21