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Individuals with Disabilities

In accordance with the Americans with Disabilities Act (ADA) of 1990, as amended and the Rehabilitation Act of 1973, Section 504, no qualified person will be denied access to, participation in, or the benefits of, any program or activity operated by Austin Peay State University (爱博体育) because of disability. 爱博体育 will not discriminate against qualified individuals with disabilities in employment practices and activities, including, but not limited to, application procedures, hiring, tenure, promotion, advancement, termination, training, compensation and benefits.  Additionally, 爱博体育 will not discriminate against a qualified individual because of the known disability of another individual with whom the qualified individual is known to have a relationship or association.

Americans with Disabilities Act (ADA) Overview

Pursuant to the ADA a person is a qualified individual with a disability:

  1. If he or she has a physical or mental condition 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); or
  2. If he or she has a history of a disability (such as cancer that is in remission); or
  3. If he or she is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he does not have such an impairment).

Title I of the ADA requires an employer (i.e., 爱博体育) to provide reasonable accommodation to qualified individuals with disabilities who are employees or applicants for employment, unless to do so would cause undue hardship. According to the ADA, an accommodation is any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities.

 Categories of Reasonable Accommodations

  1. Modifications or adjustments to a job application process that enable a qualified applicant with a disability to be considered for the position such qualified applicant desires; or
  2. Modifications or adjustments to the work environment, or to the manner or circumstances under which the position held or desired is customarily performed, that enable a qualified individual with a disability to perform the essential functions of that position; or
  3. Modifications or adjustments that enable a covered entity's employee with a disability to enjoy equal benefits and privileges of employment as are enjoyed by its other similarly situated employees without disabilities.

Frequently Asked Questions

A qualified individual with a disability is a person who meets legitimate skill, experience, education, or other requirements of an employment position that he or she holds or seeks, and who can perform the "essential functions" of the position with or without reasonable accommodation.

 Equal Employment Opportunity Commission. (2020, May 5). What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws. http://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws

Essential job functions are fundamental job duties of the employment position the individual with a disability holds or desires. The term "essential functions" does not include the marginal functions of the position.

A job function may be considered essential for any of several reasons, including but not limited to the following:

    1. The function may be essential because the reason the position exists is to perform that function;
    2. The function may be essential because of the limited number of employees available among whom the performance of that job function can be distributed; and/or
    3. The function may be highly specialized so that the incumbent in the position is hired for his or her expertise or ability to perform the particular function.

 ADA National Network. (2020, May). What are the “essential functions” of a Job? http://adata.org/faq/what-are-essential-functions-job

Because each request is specific to the individual employee and his or her circumstance(s), a specific time-frame cannot be given. However, we will work through the interactive process as expeditiously as possible.

 The Equal Employment Opportunity Commission recommends that employers use an “interactive process,” which means that employers and employees with disabilities who request accommodations work together to come up with accommodations.

 Job Accommodation Network. (2019, 3 July). Accommodation and Compliance Series: Interactive Process. http://askjan.org/topics/interactive.cfm?cssearch=2581848_1

Reasonable Accommodations Inquiry

If you are seeking a workplace accommodation, please complete the form below. The Office of Institutional Culture will contact you as soon as possible.

 
Is this inquiry related to COVID-19?
 

Title I of the ADA requires that 爱博体育 treat this information as confidential medical records and that they are kept separately from your personnel file. These records are kept in the Office of Institutional Culture.