614 Americans with Disabilities Act

Policy and Definition

The purpose of this policy is to ensure that the College’s policies and practices are administered without discrimination against anyone on the basis of a disability and to provide information concerning the Americans with Disability Act “ADA, as amended by the American with Disabilities Act (“ADAAA”).

The College provides in every aspect of the employer-employee relationship, equal employment opportunity and necessary reasonable accommodation to qualified individuals with disabilities. This policy is intended to comply with the ADA and ADAAA.

The College will not tolerate discrimination against qualified individuals with disabilities during the employment process or in any of the terms and conditions of employment.

Definitions: An individual with a disability is a person who:

  1. Has a physical or mental impairment that substantially limits one or more major life activities.
  2. Has a record of such an impairment (i.e., individuals with histories of disability and who are not currently limited in major life activities. Individuals who currently use illegal drugs are not considered disabled).
  3. Is regarded by others as having an impairment.

Physical and mental impairments that are recognized as disabilities within the scope of the ADA include, but are not limited to, the following: speech impediment, hearing impediments, vision impediments, HIV infection, heart disease, diabetes, epilepsy, cerebral palsy, cancer, mental retardation, mental illness, and certain learning disabilities.

The ADA defines a qualified individual with a disability as “an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position. . .” The essential functions of the position are the fundamental duties and activities of the job. Reasonable accommodations are modifications to the work environment, or to how a job is customarily performed, that enable a qualified individual with a disability to perform in a position, given modifications which do not impose an undue hardship while retaining the essential functions of the job.

Guidelines:

Supervisors’ Responsibilities:

Supervisors are responsible for upholding the principles of equal employment opportunity of, and reasonable accommodation for, all qualified individuals with disabilities, which includes complying with the requirements of the ADA, as amended by the ADAAA. This includes, but is not limited to, the following:

  • Assisting in the identification of the essential functions of the positions under their supervision/management.
  • Determining how to reasonably accommodate individuals with disabilities, when necessary.
  • Conducting interviews that are in compliance with the ADA and ADAAA.
  • Evaluating disabled employees by the same performance standards and policies as employees who are not disabled.
  • Providing disabled employees with the same terms, conditions, and benefits of employment that are provided to employees who are not disabled.