Policies and Codes
In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990, "ADA," Baltimore County Government will not discriminate against qualified individuals with disabilities on the basis of disability in its employment practices, services, programs or activities.
EMPLOYMENT
Baltimore County Government 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.
SERVICES, PROGRAMS AND ACTIVITIES
Baltimore County does not discriminate on the basis of disability in providing access to its services, programs or activities to program applicants and participants, whether such services, programs or activities are County- or federally-funded. Further, Baltimore County complies with all requirements of Title II of the ADA.
EFFECTIVE COMMUNICATION
Baltimore County Government will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in Baltimore County Government’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
Baltimore County Government 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 Baltimore County Government’s offices, even where pets are generally prohibited.
The ADA does not require Baltimore County Government 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 Baltimore County Government is not accessible to persons with disabilities should be directed to the ADA Coordinator.
Baltimore County Government 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 and 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.
POLICIES FOR REASONABLE ACCOMMODATION
Baltimore County is committed to the fair and equal employment of people with disabilities. Reasonable accommodation is the key to this non-discrimination policy. While many individuals with disabilities can work without accommodations, other qualified applicants and employees face barriers to employment without the accommodation process.
It is the policy of Baltimore County to reasonably accommodate qualified individuals with disabilities unless the accommodation would impose an undue hardship. In accordance with the Americans with Disabilities Act, accommodations will be provided to qualified individuals with disabilities when such accommodations are directly related to performing the essential functions of a job, competing for a job or to enjoy equal benefits and privileges of employment. This policy applies to all applicants, employees and employees seeking promotional opportunities.
DEFINITION
- Disability
For purposes of determining eligibility for a reasonable accommodation, a person with a disability is one who has a physical or mental impairment that materially or substantially limits one or more major life activities. - Reasonable Accommodation
A reasonable accommodation is a modification or adjustment to a job, an employment practice, or the work environment that makes it possible for a qualified individual with a disability to enjoy an equal employment opportunity.
Examples of accommodations may include, but not be limited to:
- acquiring or modifying equipment or devices
- modifying training materials
- making facilities readily accessible
- modifying work schedules
- reassignment to a vacant position
Reasonable accommodation applies to three aspects of employment:
- To assure equal opportunity in the employment process
- To enable a qualified individual with a disability to perform the essential functions of a job
- To enable an employee with a disability to enjoy equal benefits and privileges of employment
When a qualified individual with a disability has requested an accommodation, Baltimore County shall, in consultation with the individual:
- Discuss the purpose and essential functions of the particular job involved. Completion of a step-by-step job analysis may be necessary.
- Determine the precise job-related limitation.
- Identify the potential accommodations and assess the effectiveness each would have in allowing the individual to perform the essential functions of the job.
- Select and implement the accommodation that is the most appropriate for both the individual and the employer. While an individual’s preference will be given consideration, Baltimore County is free to choose among equally effective accommodations and may choose the one that is less expensive or easier to provide.
- The ADA Coordinator or designee will work with the employee to obtain technical assistance, as needed.
- The ADA Coordinator or designee will provide a decision to the employee within 15 calendar days.
- If an accommodation cannot overcome the existing barriers or if the accommodation would cause an undue hardship on the operation of the business, the employee and the ADA Coordinator or designee shall work together to determine whether reassignment may be an appropriate accommodation.
Funding must be approved by the Baltimore County Department/Agency for accommodations that do not cause an undue hardship.
DEFINITION
- Undue Hardship
An undue hardship is an action that is unduly costly, extensive, substantial, or disruptive, or that would fundamentally alter the nature or operation of the Department or Agency.
- The employee will meet with the ADA Coordinator or designee to discuss the requested accommodation.
- The ADA Coordinator or designee will review undue hardships by considering:
- The nature and cost of the accommodation in relation to the size, the financial resources, and the nature and structure of the operation
- The impact of the accommodation on the nature or operation of the Department or Agency.
The ADA Coordinator or designee will provide a decision to the employee.
- The job applicant shall inform the ADA Coordinator or designee of the need for an accommodation.
- The ADA Coordinator or designee will discuss the needed accommodation and possible alternatives with the applicant.
The ADA Coordinator or designee will make a decision regarding the request for accommodation and, if approved, take the necessary steps to see that the accommodation is provided.
An employee or applicant who is dissatisfied with the decision pertaining to his or her accommodation request may file an appeal with the Department or Agency Director within 15 calendar days for a final decision.
If the individual believes the decision is based on discriminatory reasons, then he or she may file a complaint internally through Baltimore County’s Complaint Procedure.
CODES
The following are locations of current building codes relating to accessibility:
- Maryland Accessibility Code—The Department of Justice announced on February 18, 2004, its certification of the Maryland Accessibility Code as meeting or exceeding federal standards for accessible design.
- Americans With Disability Act (ADA) Standards for Accessible Design (Enforceable by the Department of Justice)
- The Americans with Disabilities Act Accessibility Guidelines
- Technical Requirements for Parking—Technical requirements for parking from the Americans with Disability Act Accessibility Guidelines (ADAAG) and the Code of Maryland Regulations (COMAR) - 05.02.02.
- Recreation Guidelines (Not fully accepted by the Department of Justice)—ADA Standards for Accessibility Design.
- For more information, visit Uniform Federal Accessibility Standards (UFAS).
- U.S. Board Research Publications
Documents accessed from this webpage are available in alternate format on request.