Reasonable Accommodations
The City of Portland embraces the diversity of our community and strives to maintain access to meaningful employment. The 2012 Model Employer Resolution and 2016 Strategic Plan to implement the 2012 Model Employer Resolution prioritize an accessible, inclusive workplace in order to hire and retain employees with disabilities. The Americans with Disabilities Act of 1990 (ADA Title I) ensures equal opportunities for those with qualifying disabilities in employment. In addition, the Pregnant Workers Fairness Act (PWFA) requires employers provide a reasonable accommodation for known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an undue hardship.
Reasonable accommodations for employees with disabilities in all positions including full or part-time, seasonal, and temporary employees may be available to enable successful completion of their job’s essential functions, duties, and responsibilities. Accommodations may also be necessary to allow for equal access to the benefits and privileges of employment, or for applicants and candidates during the application, recruitment, and selection processes.
The City of Portland will make reasonable accommodations for known physical or mental disabilities of an applicant or employee as well as known limitations related to pregnancy, childbirth, or a related medical condition (such as lactation), unless the accommodation would cause an undue hardship. Each accommodation will be determined on an individual, case-by-case basis, and the possibilities are as unique and varied as the community we serve.
Disability Accommodation
Workplace accommodations are intended to help enable employees with disabilities to overcome the impact of disability-related limitations so they can effectively perform the essential functions of their job and/or otherwise enjoy an equal employment opportunity. The City of Portland’s disability accommodation process is intended to be interactive and collaborative, relying on open communication and active participation between the employee, the Bureau of Human Resources (BHR) and their supervisor. The primary goal of this process is to find effective solutions that will help employees perform all the essential functions of their current position, with or without accommodation.
Reasonable Accommodations may include workstation or workplace adjustments, job duty modifications, environmental changes, software installation, hardware or equipment purchases, remote work and/or schedule adjustments. This is not an exhaustive list, and each interactive process is individualized and on a case-by-case basis.
Pregnancy Accommodation
Reasonable accommodation under the Pregnant Workers Fairness Act (PWFA) are provided to employees who are pregnant, have recently given birth, or have pregnancy related medical conditions and require changes in the workplace. These changes, or accommodations, are typically short-term. Examples include allowing flexible work hours, providing a place to sit, or changing some job tasks.
While the ADA protects employees with disabilities, which may include pregnancy or related condition if the condition is severe enough to be considered a disability, the PWFA covers all pregnancy-related conditions, not just those considered disabilities.
Confidentiality
By law, employee medical information must be kept confidential and separate from the employee personnel file. The Bureau of Human Resources maintains separate medical files for all employees.
When supervisors (or other stakeholders; for example, BTS or Facilities) engage in the interactive process with BHR and the employee, supervisors are not made aware of the nature of an employee’s disability. During the interactive process, supervisors may be informed of restrictions or barriers in the workplace so that ideas for possible accommodations may be generated and discussed.Supervisors are informed of what accommodations should be provided for the employee to perform the essential functions of their job. Information regarding a request for accommodation or the nature of a disability are not shared with the bureau or department.