ADA Accommodation Policy
I. PURPOSE
This policy ensures that the YMCA of San Francisco complies with the requirements of the Americans with Disabilities Act of 1990 and is consistent with Section 504 of the Rehabilitation Act of 1973.
II. POLICY
YMCA of San Francisco is committed to a policy ensuring that a person with disabilities is not discriminated against and that they have equal opportunity and equal access to all the rights and privileges enjoyed by those who are not disabled. YMCA of San Francisco will comply with all provisions of the Americans with Disabilities Act of 1990 and will provide, upon request, reasonable accommodations to qualified individuals with a disability.
III. DEFINITIONS
A. Disability
According to the Americans With Disabilities Act (ADA), a disability is 1) a physical or mental impairment that substantially limits one or more of the major life activities of the individual; 2) a record of such an impairment; or 3) being regarded as having such an impairment.
Specific examples of physical impairments include orthopedic, visual, speech, and hearing impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, HIV, TB, drug addiction, and alcoholism. Simple physical characteristics such as the color of one's eyes, hair, or skin; baldness; left-handedness; pregnancy; or age do not constitute physical impairments.
Examples of mental impairments include mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. Common personality traits such as poor judgment or a quick temper, where these are not symptoms of a mental or psychological disorder, are not disabilities covered by the ADA.
Even if a condition is an impairment, it is not automatically a disability. To rise to the level of a disability, an impairment must substantially limit one or more major life activities. Major life activities include such activities as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. The major life activities limited by mental impairments differ from person to person. For some people, mental impairments restrict major life activities such as learning, thinking, or communicating.
B. Qualified Person with a Disability
For purposes of employment or volunteer service, a qualified person with a disability is one who satisfies the required skill, experience, education, licensing and other job-related requirements of a position held or desired and who can perform the essential functions of the job with or without reasonable accommodation. For purposes of being a participant in a program, a qualified person is one who can satisfy the essential eligibility requirements for participation with or without reasonable accommodations.
C. Reasonable Accommodation
Accommodations are wide-ranging and necessary to minimize the functional limitations of the individual with a disability with regards to participation in programs or employment with the YMCA. "Reasonable accommodation" is considered to be those accommodations that are readily achievable and do not pose an undue hardship on the organization or do not alter the fundamental purpose or intent of the service.
D. Undue Hardship
YMCA of San Francisco is required to make a reasonable accommodation to a qualified individual with a disability unless doing so would impose an undue hardship on the operation of its business. Undue hardship means an action that requires significant difficulty or expense when considered in relation to factors such as a business' size, financial resources, and the nature and structure of its operation. The size of the organization and its budget are only two factors that determine what is reasonable.
IV. GENERAL GUIDELINES
1. YMCA of San Francisco will meet the needs of a diverse workforce and clientele in an equitable manner.
2. No one will be turned away because of a disability, and no one will be charged for reasonable accommodations.
C. It is the responsibility of staff that has the initial contact with a participant to obtain information regarding the disability and to arrange to provide the support that is requested in a reasonable length of time.
D. If the disability is not evident, YMCA of San Francisco staff should request documentation of disability conditions from the applicant. For confidentiality, the official recipient of documentation will be the VP of Human Resources, for employees, and the VP of Risk Management and Legal Affairs, for members/participants, and they will consult with YMCA of San Francisco staff on what is a reasonable accommodation, and file the documentation for future reference if needed. YMCA of San Francisco staff should proceed to arrange accommodations for the request while awaiting the documentation or consultation from Human Resources or Risk Management.
E. It is the responsibility of the disabled employee or participant to seek available assistance, to make his/her needs known to YMCA of San Francisco staff, and to give adequate time for the YMCA of San Francisco to make reasonable accommodations.
V. SERVICE ACCOMMODATIONS
A. Reasonable modifications
YMCA of San Francisco shall reasonably modify its policies, practices, or procedures to avoid discrimination. If the YMCA can demonstrate, however, that the modifications would fundamentally alter the nature of its service, program, or activity, it is not required to make the modification.
B. Health and safety considerations for the individuals and others
YMCA of San Francisco may impose legitimate safety requirements necessary for the safe operation of its services, programs, or activities. However, YMCA of San Francisco must ensure that its safety requirements are based on real risks, not on speculation, stereotypes, or generalizations about individuals with disabilities.
YMCA of San Francisco may restrict attendance or deny attendance if an individual’s disability causes or potentially causes a direct threat to the health or safety of others. A direct threat is a significant risk to the health or safety of others that cannot be eliminated or reduced to an acceptable level by modification of policies, practices, or procedures, or by the provision of auxiliary aids or services.
Determination of a direct threat to the health or safety of others may not be based on generalizations or stereotypes about the effects of a particular disability. The determination must be based on an individualized assessment that relies on current medical evidence, or on the best available objective evidence, to assess --
1) The nature, duration, and severity of the risk;
2) The probability that the potential injury will actually occur; and,
3) Whether reasonable modifications of policies, practices, or procedures will mitigate or eliminate the risk.
If necessary, YMCA of San Francisco will request the applicable health department's review and recommendation.
VI. PROCEDURES IF A REQUEST FOR ACCOMODATION IS MADE:
1. Executive director of the branch should be notified about the request.
2. The executive director should document the request and explain the process to the person requesting the accommodation.
3. If there are financial considerations to the accommodation, the executive director should obtain quotes for the work or service.
4. After the quotes are received, the ADA accommodation committee will meet to discuss the request and how it will be handled.
5. The executive director will contact the requestor to inform them of the committee’s decision.
The ADA Accommodation Committee will be comprised of:
Executive Director of the branch where the request originated
Vice President of Risk Management and Legal Affairs
Vice President of Human Resources
VII. APPEALS AND GRIEVANCES
YMCA of San Francisco welcomes all persons to be members and participants in its programs. However, YMCA of San Francisco expects individuals to comply with the Code of Conduct and eligibility requirements set forth for each specific activity, program, or service. Additionally, YMCA of San Francisco firmly believes individuals have the right to appeal decisions made regarding their eligibility for membership or service, the types of programs and services in which they may participate, and any disciplinary actions taken resulting from problems experienced during participation. The appeal process is structured to ensure fairness.
Employees or job applicants:
Any employee or applicant may file a grievance or complaint regarding an alleged violation of this policy by following the grievance procedures set forth in the YMCA of San Francisco Personnel Guidelines and Practices. All complaints will be acknowledged and investigated according to guidelines established in the aforementioned procedures.
Members and program participants:
Any member, guest or program participant may file a grievance or complaint regarding an alleged violation of this policy by making an oral or written complaint to the Vice President of Risk Management and Legal Affairs, at 631 Howard Street, Suite 500, San Francisco, CA 94105. The nature of the complaint should be specified along with the corrective action being sought. The member or participant will be given the opportunity to discuss the matter in private. Following a thorough investigation, the member or participant will receive a written decision within ten (10) working days, or an appropriate date will be given as to when a response should be expected.
If the decision does not satisfy the member or participant, they may bring their complaint to the Vice President of Operations. If necessary, a conference of all concerned parties will be set up to settle the complaint within ten (10) working days of notice or meeting with the executive vice president.
If the member or participant is not satisfied with the settlement, the complaint must be presented in writing to the President and CEO. The President's decisions are final and binding. The President may select a committee to hear grievances and make suggestions to him/her for final decisions.
If there should be any questions regarding this policy, please contact the Vice President of Risk Management and Legal Affairs or the Vice President of Human Resources at 415 777-9622.