RS 46:2594     

§2594. Mandatory policy ensuring compliance with Americans with Disabilities Act

            A. Each agency head shall develop and implement a policy to ensure compliance with the Americans with Disabilities Act which is applicable to all public servants of the agency, applicants for employment at the agency, and members of the general public who seek or receive services or benefits from the agency.

            B. Based on the business needs and organizational structure of the agency, the required policy may be formatted as a single policy, comprehensive policy, or comprised of multiple policies tailored to the specific facility, audience, or Titles of the Americans with Disabilities Act. At a minimum, the policy shall contain all of the following:

            (1) It shall express the agency's commitment to engaging in the interactive process and providing reasonable accommodations to any individual with a disability for purposes of participating in the application and interview process, performing the essential functions of the job, providing equal opportunity to access the benefits and privileges of employment, ensuring effective communication, and providing equal opportunity to access the agency's programs, services, activities, and facilities.

            (2) It shall provide for designating an Americans with Disabilities Act agency coordinator.

            (3) It shall include a general description of the accommodation request process and indicate to whom such requests should be addressed if not to the Americans with Disabilities Act agency coordinator.

            (4) It shall provide for documentation of the interactive process, including accommodation requested and discussed, any other equally effective accommodations identified, business reasons for decisions made, and actions taken on the accommodation request.

            (5) It shall specify an effective grievance process for prompt resolution of complaints regarding disposition of accommodation requests or alleging any action prohibited by the Americans with Disabilities Act.

            (6) It shall include a clear prohibition against harassment, discrimination, or retaliation against an individual related to exercising or aiding in the exercise of Americans with Disabilities Act rights or for having a relationship or association with another individual with a known disability.

            Acts 2022, No. 103, §2, eff. May 25, 2022.