CIVIL RIGHTS and ADA ACCESSIBILITY POLICY and PROCEDURES
1.Purpose: To ensure that Irvine’s Just Beyond Paradise, LLC (IJBP) offers equal access to products and services, programs, and/or activities,for all individuals. IJBP will not tolerate any discrimination or harassment of any individual regardless of an individual’s sex, race, ethnicity, national origin, age, religion, gender, disability, or any other legally protected characteristics. All employees, including supervisors and other management personnel, are expected and required to abide by this policy. At IJBP we will strive to maintain full compliance with all State and Federal laws and beyond.
2.Policy IJBP is committed to providing equal access and opportunity to qualified individuals with disabilities in all programs, services and activities. IJBP will adhere to all applicable federal and state laws, regulations and guidelines with respect to providing reasonable modifications, as necessary, to afford equal access for persons with disabilities. IJBP does not discriminate on the basis of disability in admission to, participation in, or receipt of services and/or products. IJBP will take appropriate steps to ensure that persons with disabilities have an equal opportunity to participate. No qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, products, programs, or activities of IJBP, or be subject to harassment or discrimination by IJBP.
3.Definitions Disability:A physical or mental impairment that substantially limits one or more major life activities of the individual, or a record of such an impairment, or being regarded as having such an impairment.
Interactive Process:When a request for accommodation is made, the communication process between the individual requesting an accommodation and IJBP, in good faith, to determine the process for determining whether an accommodation will be provided, and the potential accommodations. Reasonable modification: A change or exception to a policy, practice, or procedure that allows disabled individuals to have equal access to products, programs, services, and activities. IJBP will make reasonable modifications to policies, practices and procedures when necessary to ensure access to products, services, programs, or activities for qualified individuals with disabilities, unless: Making the accommodation would fundamentally alter the nature of the product, service, program, or activity, Making the accommodation would create a direct threat to the health or safety of others involved, or The individual with a disability is able to fully use IJBP products, and or service without the accommodation being made.
- Service Animals: A dog that is individually trained to do work or perform tasks for an individual with a physical or mental disability is a service animal. Service animals are allowed at IJBP. If there is a question about whether a dog is a service animals, only two questions may be asked: 1) Is the animal required because of a disability; and 2) What work or task has the animal been trained to perform? No other inquiries are allowed. A Service Animal may be removed if:1) The animal is out of control and the animal ́s handler does not take effective action to control it; or2) The animal is not housebroken. If a service animal is properly excluded for one of the two reasons outlined above, IJBP will give the individual with a disability the opportunity to obtain products, programs, services and activities without having the service animal on the premises. If the service animal is excluded, the individual with a disability may continue to access the products, programs, services, and activities, including the opportunity to seek a reasonable accommodation to access those products, programs, services, and activities. Other pets are prohibited.
5 Requests:
To request an accommodation, alternative format of communication, and/or modification of policies and procedures in order to access and benefit from a product, program, service, meeting and activity, the individual must submit a request for reasonable accommodation. If an individual submits a request for reasonable accommodation less than two business days before coming to IJBP, but the accommodation can still be made before, staff will make good faith efforts to provide the accommodation. The reasonable accommodation process begins as soon as the request for accommodation is made. Requests for accommodation may be made either orally or in writing/email. The request can be submitted in any written format. Alternative means of filing a request, such as personal interviews, phone calls, or taped requests, will be made available for persons with disabilities if unable to communicate their request in writing or upon request. Individuals requesting modifications shall describe what they need in order to use the product, service, program or activity. Individuals requesting modifications are not required to use the term ‘‘reasonable modification’’ when making a request. Where a request for modification cannot practicably be made and determined in advance,personnel shall make a determination of whether the modification should be provided at the time of the request. Staff may consult with the management before making a determination to grant or deny the request.
IJBP will process requests for reasonable accommodation and then provide accommodations, where appropriate, in as short a time frame as reasonably possible. However, the time necessary to process a request will depend on the nature of the accommodation(s) requested and whether it is necessary to obtain supporting information. As soon as IJBP determines that a reasonable accommodation will be provided, that decision shall be immediately communicated to the individual. This notice must be in writing in order to maintain the required information for reporting purposes. Upon request, alternative means of response will be provided. The ADA does not require IJBP to take any action that would fundamentally alter the nature of its products, programs or services, or impose an undue financial or administrative burden. An interactive discussion with the individual making the request is encouraged when clarification regarding the type of alternative format to be provided is needed.
If IJBP determines that a request for reasonable accommodation will be denied, IJBP will communicate the basis for the decision in writing to the individual requesting the modification.
The explanation for the denial will clearly state:
a.The specific reasons for the denial.
b.Any alternative accommodation that may create the same access to the product, services, programs, or activities,as requested by the individual.