ICMARC Associate Handbook August 2016

All incidents of discrimination, harassment or retaliation should be reported immediately to a supervisor, Human Resources or to the toll-free Whistleblower Hotline at 888-261-1499 (or online at www.ethicspoint.com ) so that a prompt and thorough investigation can be conducted. Individuals violating this policy may be disciplined up to and including termination of employment. ADA-Related Glossary Disability: Refers to a physical or mental impairment that substantially limits one or more of the major life activities of an individual. An individual who has such an impairment or has a record of such an impairment is also deemed a “disabled individual.” An individual may also be deemed “disabled” if that person is regarded as having such impairment. However, in the “regarded as” instance, the situation is more complicated. Under amendments to the ADA in 2008, if the condition is transitory and minor, defined as having an actual or expected duration of six months or less, then the condition does not qualify as a disability. Essential Functions: The fundamental job duties of the employment position, not the marginal job functions. Factors to consider in determining essential functions are the amount of time an individual normally spends performing the function, the importance of the function to the position, whether the function is uniformly performed by incumbents, the past experience of jobholders, and the degree of skill and ability needed to perform the function. Essential functions should be determined on a case-by-case basis. Impairment: The ADA defines a physical impairment as “[a]ny physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin and endocrine.” A mental impairment is defined as “[a]ny mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness and specific learning disabilities.” To be covered by the ADA, the impairment must substantially limit one or more major life activities. Temporary, non-chronic impairments that do not last for a long time and have little or no long-term impact are usually not disabilities. Examples of temporary impairments include broken limbs, sprains, concussions, appendicitis, common colds and influenza. Major Life Activities: Activities that the average person can perform with little or no difficulty. Major life activities include, but are not limited to, caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing and learning. Substantially Limits: Unable to perform a major life activity or significantly restricted in the ability to perform a major life activity as compared with the average person in the general population. Undue Hardship: An accommodation that is “excessively costly, extensive, substantial or disruptive, or that would fundamentally alter the nature or operation of the business.”

Questions? If you have questions related to this policy, the Americans with Disabilities Act or the District of Columbia Human Rights Act, contact your Human Resources manager.

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