Common use of Discrimination in Employment Prohibited Clause in Contracts

Discrimination in Employment Prohibited. Because the ADA requires accommodations for individuals protected under the Act, and because these accommodations must be determined on an individual, case-by-case basis, the parties agree that the provisions of this Memorandum may be waived in order for the County to avoid discrimination. The Union recognizes that the County has the legal obligation to meet with the individual employee to be accommodated before any adjustment is made in working conditions. Any accommodation provided to an individual protected by the ADA shall not establish a past practice, nor shall it be cited or used as evidence of a past practice in the grievance procedure. A waiver may be granted for any provision of this Memorandum in order to undertake required accommodations for an individual protected by the Act. The County will provide the Union with notice of its intent to waive the provision.