§ 111. Discrimination against qualified persons with disabilities prohibited.

A.

Policy. It is the policy of the City of Tulsa to be in full compliance with the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101, et seq.

B.

Definitions. For the purposes of this section, the following words and phrases shall have the meanings given herein.

1.

Qualified individual with a disability shall mean:

a.

With respect to hiring practices: anyone who, with or without reasonable accommodation, can perform the essential functions of the job for which a person is applying; and

b.

With respect to participation in or receiving benefits of the services, programs or activities of the City of Tulsa: an individual with a disability who, with or without reasonable modifications to rules, policies or practices, the removal of architectural, communication or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by a City.

2.

Disability shall mean a physical or mental impairment that substantially limits one (1) or more of the major life activities of such individual, a record of such an impairment or being regarded as having such an impairment.

3.

Major use activity shall include but not be limited to functions, such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.

4.

Facility shall mean all or any portion of buildings, structures, sites, complexes, equipment, rolling stock or other conveyances, roads, walks, passageways, parking lots or other real or personal property, including the site where the building, property, structure or equipment is located.

5.

Discriminate, discrimination or discriminatory act or practice shall mean and include:

a.

Limiting, classifying or segregating an applicant in a manner which adversely impacts his opportunities because of a disability;

b.

Entering into a contract which subjects a qualified individual with a disability to prohibited discrimination, including but not limited to labor contracts, benefits contracts and training and apprenticeship programs;

c.

Utilizing standards, criteria or methods of administration which have the effect of discriminating or perpetuate the discrimination of co-workers on the basis of a disability;

d.

Denying equal job and benefit opportunities to a qualified individual who is a friend or associate of a person with a disability;

e.

Not making a reasonable accommodation, unless it creates an undue hardship;

f.

Using any job description or employment test or qualification standard to screen out a qualified individual with a disability; or

g.

Failure to select and administer employment tests which reflect skills and abilities rather than reflecting a qualified individual's disability.

6.

Reasonable accommodation shall include:

a.

Making existing facilities accessible to and usable by individuals with disabilities; and

b.

Restructuring of jobs, modifying work schedules, reassignment, acquisition or modification of equipment, modification or training and examinations, provisions of qualified readers and interpreters or similar accommodations.

7.

Undue hardship shall mean a significant difficulty or expense in light of the following factors:

a.

The nature and cost of accommodation;

b.

The financial resources of City; and

c.

The type of operation or operations of the City.

8.

Physical or mental impairment shall mean:

a.

Any physiological disorder or condition, cosmetic disfigurement or anatomical loss affecting one (1) or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or

b.

Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness and specific learning disabilities. The term physical or mental impairment includes but is not limited to such diseases and conditions as orthopedic, visual, speech and hearing impairment, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness and drug addiction and alcoholism.

9.

Qualified mediator shall mean a recognized trained mediator independent of control by any officer or employee of the City of Tulsa.

10.

Employee shall mean and include any individual employed by the City, whether full-time, part-time, temporary or pursuant to contract.

11.

Applicant for employment with the City of Tulsa shall mean anyone seeking information about applying for employment or actually applying for employment with the City.

12.

Americus with Disabilities Act (ADA) shall mean the provisions of 42 U.S.C. § 12101, et seq., or as it may be amended.

13.

ADA Compliance Official shall mean the Mayor of the City of Tulsa or the person or persons designated by the Mayor to enforce the provisions of the ADA or the provisions of this section.

14.

Respondent shall be the director of the department or departments within the City of Tulsa against whom a complaint has been filed under the provisions of this section or his designated representative.

C.

Scope. The provisions of this section shall apply to any qualified individual with a disability who is an applicant for employment with the City of Tulsa or who, with or without reasonable modifications to rules, policies or practices, the removal of architectural, communication or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by a City.

D.

Discriminatory act or practice prohibited.

1.

In hiring practices. No officer or employee of the City of Tulsa shall discriminate against a qualified individual with a disability because of such disability in job application or hiring procedures.

2.

In City services, programs, activities. 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 the City of Tulsa or be subjected to discrimination by the City or any of its boards, authorities, agencies or instrumentalities, officers or employees.

E.

Grievance procedure.

l.

Complaint. Any person claiming to be aggrieved by a discriminatory act or practice prohibited or the provisions of this section (hereinafter "complainant") may within ten (10) days following the discriminatory act or practice file with the ADA compliance official a written complaint setting forth with particularity the complainant's disability, the alleged discriminatory act or practice, and such other information as the ADA compliance official may reasonably require.

2.

Answer. Within five (5) days of receipt of any complaint alleging discrimination prohibited by this section, the ADA compliance official shall notify the respondent and shall attach a copy of the complaint with the notice. Within five (5) days after the receipt of the notice and complaint, the respondent shall file a written answer with the ADA compliance official.

3.

ADA compliance official's recommendation. Within seven (7) days after the receipt of the respondent's answer, the ADA compliance official shall issue a written recommendation to both the complainant and respondent. If, within five (5) days after the receipt of the ADA compliance official's recommendation, neither party requests mediation, the ADA compliance official's recommendation shall be deemed to be agreed upon by all parties and the matter settled. If the ADA compliance official's recommendation requires action by the respondent, such recommendation shall be implemented with due diligence and the respondent shall notify the ADA compliance official when the implementation is complete.

4.

Mediation. If, within five (5) days of the receipt of the ADA compliance official's recommendation, either party feels aggrieved by the recommendation, that party may, by written notice to the ADA compliance official, request that the matter be referred to a qualified mediator. Within five (5) days of receipt of the request for mediation, the ADA compliance official shall request a conference with a qualified mediator. Notice of the date, time and place of the mediation conference shall be provided to the complainant, respondent and ADA compliance official. If the parties to the mediation reach an agreement which requires action by the respondent, such recommendation shall be implemented with all diligence and the respondent shall notify the ADA compliance official when the implementation is complete.

5.

ADA compliance official's post mediation recommendation. If the parties to the mediation are unable to reach agreement, the ADA compliance official may either affirm, modify or revise his recommendation and shall notify both parties in writing of his recommendation. If neither party appeals the ADA compliance official's post-mediation recommendation, the recommendation shall be deemed to have been agreed upon by all parties and the matter settled. If the ADA compliance official's recommendation requires action by the respondent, such recommendation shall be implemented with all diligence and the respondent shall notify the ADA compliance official when the implementation is complete.

6.

Appeal to the Council. If either party feels aggrieved by the ADA compliance official's post-mediation recommendation, that party may, within five (5) days of receipt of such recommendation, appeal to the Council by filing a notice of appeal in the office of the City Clerk and providing written notice to the other party and to the ADA compliance official. The Council shall, within ten (10) days of the receipt of the notice of appeal, set the matter for hearing. The Council's decision shall be final.

7.

Notices. All notices under this section shall be by U.S. mail, certified, return receipt requested.