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<br />This unit of employees shall for the purpose of identification be titled the Non-Exempt Management Unit. <br /> <br />1.2 <br /> <br />Employer Recognition <br /> <br />The City Manager is the representative of the City of Redwood City ("the City") in employer-employee <br />relations pursuant to the Employer-Employee Relations Resolution of the City adopted August 7, 1972. <br /> <br />ARTICLE 2 <br /> <br />2.1 <br /> <br />No Discrimination <br /> <br />It is the policy of the City of Redwood City to provide equal employment opportunity to all employees and <br />applicants for employment. All employment practices, such as recruitment, selection, promotions, and <br />other terms and conditions of employment are administered in a manner designed to ensure that <br />employees and applicants for employment or services are not subjected to discrimination on the basis of <br />age (over 40), race, color, sex, national origin, medical condition, disability (except where a disability is a <br />bona fide occupational disqualification), sexual orientation, transgender, transsexual, transvestite, marital <br />status, religious or political preference or union affiliations. <br /> <br />2.2 <br /> <br />Americans With Disabilities Act (ADA) <br /> <br />Because the ADA requires accommodations for individuals protected under the Act, and because these <br />accommodations must be determined on an individual, case-by-case basis, the parties agree that the <br />provisions of this Memorandum of Understanding may be disregarded in order for the City to avoid <br />discrimination relative to hiring, promotion, granting permanency, transfer, layoff, reassignment, <br />termination, rehire, rates of pay, job and duty classification, seniority, leaves fringe benefits, training <br />opportunities, hours of work or other terms and privileges of employment. <br /> <br />The Association recognizes that the City has the legal obligation to meet with the Individual employee to be <br />accommodated before any adjustment is made in working conditions. The Association will be notified of <br />these proposed accommodations prior to implementation by the City. <br /> <br />Any accommodation provided to an individual protected by the ADA shall not establish a past practice in <br />the grievance/arbitration procedure. <br /> <br />Prior to disregarding any provision of this Memorandum of Understanding in order to undertake required <br />accommodations for an individual protected by the Act, the City will provide the Association with written <br />notice of its intent to disregard the provision and will allow the Association the opportunity to discuss <br />options to disregarding the Memorandum of Understanding. <br /> <br />2 <br />