The Americans with Disabilities Act of 1990 (the ADA) is a Federal statute which prohibits a covered employer from discriminating “against a qualified individual with a disability because of the disability of such individual in regard to job application procedure, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions and privileges of employment.”
Definitions
Individual with a Disability
- An “individual with a disability” is considered a person who: has a physical or mental impairment that substantially limits one or more major life activities; and/or
- has a record of such impairment; and/or
- is regarded as having such an impairment.
Major Life Activity
A “major life activity” is defined as a function such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.
Qualified Individual
A “qualified individual” is a person with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that the individual holds or desires.
Reasonable Accommodation
Northeast Alabama Community College endeavors to ensure that employees with disabilities and job applicants with disabilities receive the consideration that they are due under the ADA. With regards to employees, the term “reasonable accommodation” has been defined to include, but not necessarily limited to
- making existing facilities used by employees readily accessible to and usable by persons with disabilities;
- job restructuring, part-time or modified work schedules, or reassignment to a vacant position;
- acquisition or modification of equipment or devices;
- adjustment or modification of examinations, training materials, or policies; or
- provision of qualified readers or interpreters.
The ADA does not require the College to make any modification, adjustment, or change in a job description or policy that would fundamentally alter the essential functions of the job at issue. Nor does the ADA require that the College provide an accommodation when the College is not aware of the employee’s disability.
Applying for an Accommodation
If an employee with a disability seeks an accommodation under the ADA, the employee should contact the Office of Human Resources and make application for the accommodation with the Human Resources Director, who will provide the application to the President. The President shall have the right to request documentation of the employee’s limitation from a licensed physician, psychologist, counselor, or other appropriate professional. The documentation need not reveal the underlying physical or mental condition but must state with particularity the limitation(s), such as the inability to stand more than a stated period of time; the inability to work in the presence of certain odors, chemicals, or substances; the inability to hear certain sounds or levels of sounds, etc.
The accommodation that will be made will be determined with the input of the employee and such knowledgeable parties as may be consulted by the President. However, the College shall determine the ultimate decision as to what accommodation or accommodations will be made available.
The form for requesting ADA accommodations can be obtained by making an email request to the Human Resources Director.
See Section VIII, Students with Disabilities, for handling student requests for accommodation.
Undue Hardship
The ADA does not require the College to make an accommodation where the accommodation would impose an undue hardship upon the College in the form of a significant undue financial cost or a significant adverse impact on the College operations or upon other College employees to conduct their duties.
In a situation where an employee believes that he or she is not receiving the full consideration and services due under the ADA, the employee may file a grievance under the College’s grievance procedure.