AMERICANS
WITH DISABILITIES (
I. Introduction
The Americans with
Disabilities Act (ADA) was enacted in 1990.
The Act prohibits discrimination in employment (both employees and
applicants for employment) against qualified persons who have a
disability.
II. Definition of a Disability
Under the
A. has a physical or mental impairment
that substantially limits one or more major life activities (a substantial
impairment is one that significantly limits or restricts a major life activity
such as hearing, seeing, speaking, breathing, performing manual tasks, walking,
caring for oneself, learning or working);
B.
has a record of such an impairment; or
C.
is regarded as having such an impairment.
III. Qualified Individual with a Disability
An individual with a disability must also be qualified to perform the
essential functions of the job with or without reasonable accommodation in
order to be protected under the
IV. Reasonable Accommodation
A. A reasonable accommodation
is any modification or adjustment to a job, an employment practice, or the work
environment that makes it possible for an individual with a disability to enjoy
an equal employment opportunity.
B.
The obligation to provide a reasonable accommodation applies to all
aspects of employment. This duty is ongoing
and may arise any time that a person’s disability or job changes.
C.
The college cannot deny an employment opportunity to a qualified
applicant or employee because of the need to provide reasonable accommodation,
unless it would cause an undue hardship.
D. The college does not have to
make an accommodation for an individual who is not otherwise qualified for a
position.
E.
Generally, it is the obligation of the individual with a disability to
request a reasonable accommodation.
F.
A qualified individual with a disability has the right to refuse an
accommodation. However, if the
individual cannot perform the essential functions of the job without the
accommodation, he/she may not be qualified for the job.
G.
If the cost of an accommodation would impose an undue hardship on the
college, the individual with a disability should be given the option of
providing the accommodation or paying that portion of the cost which would
constitute an undue hardship.
V. Undue Hardship
Undue hardship means that the
accommodation would require significant difficulty or expense. Among the factors considered in determining
whether an accommodation is an undue hardship are cost of the accommodation,
the college’s size, financial resources and the nature and structure of
its operation. If a particular
accommodation would be an undue hardship, the college must try to identify
another accommodation that will not pose such a hardship.
VI. Nondiscrimination
The
VII. Procedures for Requesting an Accommodation
A. The employee must submit documentation
from an appropriate licensed medical professional as requested by the director
of Human Resources. Documentation
for ADA Request.
B.
Once completed, the physician must return the form to Human Resources
for review.
C.
The director of Human Resources, in consultation with the
supervisor(s), will evaluate the request in relation to the impact on the
operation of the department and the cost to the College.
D. After evaluation, the
director of Human Resources will write a memo to the President outlining the request
and the possible accommodation(s). A
copy will be sent to the supervisor(s).
E.
If the President approves the request, the memo will be sent to the
employee for acceptance/refusal. If the
employee refuses the accommodation, the employee may be considered not
qualified for the position.
F.
All documentation must be submitted to the director of Human Resources
(not the supervisor) and will be kept in the employee’s confidential
medical file.
Approved: President Allen G. Edwards,
Approved: President Allen G. Edwards,