a. Federal law requires that there be no discrimination against any employee, applicant for employment, or union member because of an individual’s disability with respect to hiring, promotion, firing, compensation, admission to membership, or other terms, conditions, or privileges of employment or membership.
b. UNITE HERE Local 2850 supports and will comply with such federal law in all respects and will not take any action against employees or members because they have exercised their rights under the law.
c. Specifically, UNITE HERE Local 2850 will provide reasonable accommodation to its disabled employees and members to the extent that such accommodation does not constitute an undue hardship on itself. UNITE HERE Local 2850 will cooperate with employers where necessary and feasible to provide needed reasonable accommodation to its members.
d. UNITE HERE Local 2850 will accept requests for reasonable accommodation verbally or in writing.
e. UNITE HERE Local 2850 will not retaliate against any person for requesting a reasonable accommodation.
f. Where a disability is non-visible, UNITE HERE Local 2850 may require supporting medical documentation.
A person can show that he or she has a disability in one of three ways:
1. A person may be disabled if he or she has a physical or mental condition that substantially limits a major life activity (such as walking, talking, seeing, hearing, or learning) or bodily function (such as circulation, musculo-skeletal system, respiration, normal cell growth). These few examples are not exhaustive.
2. A person may be disabled if he or she has a history of a disability (such as cancer that is in remission).
3. A person may be disabled if he or she is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he does not have such an impairment).
b. Reasonable Accommodation
A reasonable accommodation is a change in the work environment (or in the way things are usually done) to help a person with a disability apply for a job, perform the duties of a job, or enjoy the benefits and privileges of employment.
Where the covered entity is an employer, the covered entity is only required to provide reasonable accommodations that enable a person with a disability to perform the essential functions of a job. Essential functions are the core functions for which the position was created. For example, if the employee is a receptionist, essential job functions might include answering the telephone and assisting callers. An employee must be able to perform the essential job functions, with or without reasonable accommodation.
Where the covered entity is a labor union, a reasonable accommodation may include a change in the way that things are usually done to help a member with a disability to enjoy the rights and privileges of union membership.
Reasonable accommodation might include, for example, making union membership meetings accessible for wheelchair users or providing a reader or interpreter at such meetings for someone who is blind or hearing impaired.
c. Undue Hardship
A covered entity doesn’t have to provide an accommodation if doing so would cause undue hardship to itself.
Undue hardship means that the accommodation would be too difficult or too expensive to provide, in light of the covered entity’s size, financial resources, and the needs of the covered entity. A covered entity may not refuse to provide an accommodation just because it involves some cost. A covered entity does not have to provide the exact accommodation the employee or job applicant wants. If more than one accommodation works, the covered entity may choose which one to provide.