The Honolulu Police Department shall afford
people with disabilities the same access to
programs, services, and employment provided
to all other citizens. No employee shall
unlawfully discriminate against persons with disabilities.

DEFINITIONS

A. Disability: A physical or mental
impairment that substantially limits an
individual’s ability to perform one or more
of the major life activities.

B. Qualified individual: An individual
with a disability who meets job requirements
and can perform the essential functions of
the job, with or without reasonable accommodation.

C. Reasonable accommodation: A modification
or adjustment to a job, the work environment, or
the way things are done that enables a qualified
individual with a disability to enjoy an equal opportunity.

D. Undue hardship: The accommodations that
would be unduly costly, extensive, substantial,
or disruptive or that would fundamentally alter
the nature or operation of the business.

BACKGROUND

A. The Americans with Disabilities Act
(ADA) makes it unlawful to discriminate in
employment practices against qualified
individuals with disabilities, those regarded
as having a disability, and those who associate
with someone who has a disability.

B. The act also prohibits discrimination
in services, programs, or activities. (This
includes arrests, incarcerations, and contacts in the field.)

RESPONSIBILITIES

A. General Responsibilities

1. It is incumbent on all employees to
be aware of the characteristics of various
disabilities and the needs of people who have them.

2. Employees must take steps necessary to
assist people with disabilities in accessing
the full range of immediate and follow-up
services, programs, and activities provided by this department.

3. Employees must take steps necessary to
make reasonable accommodation for those qualified
individuals with disabilities who need the
accommodation for purposes of employment,
application for employment, or physical access.

B. Supervisory Responsibilities

1. The supervisor represents management
to subordinate employees. Each supervisor is
held accountable for the proper conduct of all
employees under his or her supervision to include
preventing discrimination prohibited by the ADA
and taking measures to stop any discrimination that occurs.

2. Failure by a supervisor to maintain proper
control over ADA discrimination may be cause for
disciplinary action against the supervisor.

C. Individual Responsibilities

1. All employees should ensure that people
with disabilities are afforded all rights,
privileges, and access to the department provided
to those without disabilities.

2. All employees should be trained to
recognize the characteristics of various
disabilities, including symptoms and physical reactions.

3. All employees should recognize that
responses of people with certain disabilities
may resemble those of people who are abusing
substances (e.g., alcohol or drugs).

4. All officers should be trained to identify
and apply appropriate responses to a person with
a disability, such as emergency medical aid and
protecting and calming the individual.

5. All officers should be trained to identify
and apply appropriate restraint to a person with
a disability, if needed to facilitate an arrest.

PROCEDURES

A. If a qualified employee with a disability
feels that he or she is being discriminated against
in regard to employment practices or departmental
programs, practices, or services, the employee
should report the discrimination to his or her
supervisor orally or in writing. If the supervisor
is responsible for the discrimination, the
discrimination should be reported to the supervisor
at the next higher level.

B. If the complaint is not resolved satisfactorily
from the complainant’s point of view, it may be reported
in writing to the following:

1. The department’s ADA Officer (Human Resources
Officer) or the Chief of Police; or

2. The city’s Equal Employment Opportunity Officer; or

3. The Hawaii Civil Rights Commission (HCRC)
within 180 days of the date of the alleged
discrimination, unless the time for filing is
extended by the HCRC for good cause; or

4. The federal’s Equal Employment Opportunity
Commission (EEOC) within 300 days of the date of
the alleged discrimination, unless the time for
filing is extended by the EEOC for good cause.

C. The following information is necessary
when reporting violations of the ADA:

1. Complaining employee’s name, element, and position title;

2. Name, assignment, and position title of the
person committing the discrimination;

3. Type of discrimination (e.g., employment
practices), description of factors involved, and
date(s) of occurrence; and

4. Whether such discrimination was reported
previously and, if it was, on what date and to whom.

D. All complaints shall be thoroughly investigated.
Complaints made to a supervisor shall be investigated
by that supervisor. Complaints made to the department’s
ADA Officer or the Chief of Police shall be investigated
by the Human Resources Division.

1. Investigations shall be completed within a reasonable period of time.

2. The goal of each specific investigation will be to determine the following:

a. Whether the complainant is a “qualified person
with a disability” who can perform the essential functions of the job;

b. Whether a reasonable accommodation can be made
for this person to resolve the complaint; and

c. Whether the department is operating within the provisions of the ADA.

The investigation is also intended to provide details
for any disciplinary action that may be warranted.

3. All investigations shall be documented (to
include disciplinary action taken, counseling, and
follow-up assessments) and forwarded to the department’s ADA Officer.

4. When warranted, appropriate corrective action shall be taken.

5. The ADA Officer shall discuss the results of
all investigations with the complainant.

NONRETALIATION FOR REPORTING DISCRIMINATION

There shall be no retaliation against an employee
who exercises his or her rights under this act.
Such retaliatory conduct is illegal and constitutes
a separate violation of laws and rules. Any retaliatory
action should be reported by the employee to his or her
supervisor and the department’s ADA Officer or the Chief
of Police. Retaliatory action shall be dealt with
promptly and severely by management.

VIOLATIONS AND CONSEQUENCES

Any act by any employee (including supervisory and
management personnel) that is discriminatory under
the ADA shall be cause for disciplinary action,
which may include termination.