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<br />2 <br /> <br /> <br />SECTION 2 – EEO/ADA <br /> <br />2.1 Discrimination <br /> <br />It is the policy of the City of Redwood City to provide equal employment <br />opportunity to all employees and applicants for employment. All employment <br />practices, such as recruitment, selection, promotions, and other terms and <br />conditions of employment are administered in a manner designed to ensure that <br />employees and applicants for employment or services are not subjected to <br />discrimination on the basis of age (40 and over), race, color, sex, national origin, <br />ancestry, medical condition, physical or mental disability genetic information, <br />gender, gender identity, gender expression, sexual orientation, marital status, <br />religious creed, political preference, military or veteran status, union affiliations, <br />or any other basis protected by applicable federal, state and/or local laws. <br />Complaints of discrimination based on a legally-protected classification shall not <br />be subject to the grievance procedure in this Memorandum of Understanding <br />(MOU). See the City’s Policy on Harassment, Discrimination, and Retaliation, as <br />periodically amended, for the City’s internal Complaint Procedure. <br /> <br />2.2 Americans with Disabilities Act <br /> <br />Because the ADA requires accommodations for individuals protected under the <br />Act, and because these accommodations must be determined on an individual, <br />case-by-case basis, the parties agree that the provisions of this MOU may be <br />disregarded in order for the City to avoid discrimination relative to hiring, <br />promotion, granting permanency, transfer, layoff, reassignment, termination, <br />rehire, rates of pay, job and duty classification, seniority, leaves, fringe benefits, <br />training opportunities, hours of work or other terms and privileges of <br />employment. <br /> <br />The Association recognizes that the City has the legal obligation to meet with the <br />individual employee to be accommodated before any adjustment is made in <br />working conditions. Subject to the employee’s written consent, the Association <br />will be notified of these proposed accommodations prior to implementation by <br />the City. <br /> <br />Any accommodation provided to an individual protected by the ADA shall not <br />establish a past practice. <br /> <br />Prior to disregarding any provision of this MOU in order to undertake required <br />accommodations for an individual protected by the Act, the City will provide the <br />Association with written notice of its intent to disregard the provision and will <br />6.A. - Page 13 of 99 <br />20