(a) The Americans with Disabilities Act (ADA) and the Americans with Disabilities Act Amendments Act (ADAAA) are federal civil rights laws that are commonly referred to as the "ADA." The laws give civil rights protections to individuals with disabilities similar to those provided to individuals based on race, color, sex, national origin, age, and religion. The laws guarantee equal opportunity for individuals with disabilities within the Town.

(b) An individual is considered to have a "disability" if he/she has a physical or mental impairment that substantially limits one (1) or more major life activities, has a record of such impairment, or is regarded as having such impairment.

(c) Major life activities include caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. To be substantially limited means that such activities are restricted in the manner, condition, or duration in which they are performed in comparison with most people. The ADA also protects people who are discriminated against because of their association with a person with a disability.

(d) It is the policy of Town of St. John that qualified individuals with disabilities are not to be excluded from participation in or benefit from the services, programs, or activities of the Town. It is the policy of the Town not to discriminate against a qualified individual with a disability in: job application procedures; the hiring, advancement or discharge of employees; and employee compensation, job training, and other terms, conditions and privileges of employment. It is the intent of the Town to comply with all applicable requirements of the Americans with Disabilities Act (ADA) and the Americans with Disabilities Act Amendments Act (ADAAA).

(e) The Town will reasonably accommodate persons with a disability on a case-by-case basis, which may include making facilities readily accessible to individuals with a disability, restructuring jobs, modifying work schedules and/or equipment, or similar accommodations.

(f) Employees should contact the Town Council for assistance when an accommodation is necessary. Such employees are required to provide pertinent medical information.

(g) Accommodations may not create an undue hardship for the Town or other employees. An individual who cannot be reasonably accommodated for a job, without undue hardship, will not be selected for that position.

(h) All employees are required to comply with safety standards. Applicants who pose a direct threat to the health or safety of other individuals in the workplace, and where the threat cannot be eliminated by reasonable accommodation, will not be hired. Current employees who pose a direct threat to the health or safety of the other individuals in the workplace will be placed on the appropriate leave.

(i) Further, disabled individuals cannot pose a direct threat to the safety of themselves or others. Generally, a "direct threat" means a significant risk to the health or safety of others that cannot be eliminated by reasonable accommodation. Benefits provided to disabled individuals who are qualified to perform the work must be consistent with the benefits provided to other employees. Any individual who believes he/she has received treatment inconsistent with the policies set forth above or any other requirement of ADA may file a complaint with Town Council.

(j) A major expansion of the federal ADA was enacted on January 1, 2009. The ADA Amendments Act of 2008 expands the definition of "disability" to cover people who have disabilities that are mitigated with medications or with devices such as orthoses or prostheses, and people who experience discrimination because they are perceived as having a disability, whether they actually have one or not.

(k) The ADA Amendments Act of 2008 states that "an impairment that substantially limits one (1) major life activity need not limit other major life activities in order to be considered a disability." It also expands the list of "major life activities" to include "major bodily functions," including reproduction, digestion, and excretion.