The Americans with Disabilities Act

Key Issues:

Employee Rights

• Non-discrimination
• Qualified individual with a disability
• Reasonable accommodation and undue hardship

Student Rights

• Non-discrimination
• Qualified individual with a disability
• Academic adjustments
• Auxiliary aids and services

Other Requirements

• General non-discrimination
• Qualified individual with a disability
• Equally effective communication
• Program accessibility

Summary

The ADA prohibits discrimination against qualified individuals with disabilities.

The ADA covers all aspects of MU's employment practices.

The law also covers all MU programs, activities, and services.

A person is considered to be qualified for programs, activities, and services if the individual meets the basic eligibility requirements for participation in programs and activities, or for receiving services.

For purposes of employment, an individual is considered to be qualified if the person is able to perform the essential functions of the job with or without reasonable accommodation.

Some Important Employment Issues

• Consider the person, not the disability.
• The person must have a disability.
• The person with a disability must be otherwise qualified.
• An employer must provide reasonable accommodations for a qualified individual with disability, unless providing the accommodations would be an undue hardship.
• In considering accommodations, consult the person with the disability.
• Generally, it is the employee's responsibility to identify himself or herself as a person with a disability and to request an accommodation.
• There are many hidden disabilities (for example, learning disabilities and epilepsy).
• The vast majority of disability discrimination complaints are filed by incumbent or terminated employees.
• Chronic employee illnesses, injuries, and stress, whether or not job-related, may be disabilities covered by the ADA.
• Respect confidentiality.
• Document your actions.

Some Important Student Rights Issues

• Consider any accommodation request.
• Use caution in inquiring about the specific nature of the disabling condition; respect privacy.
• Work with the MU Disability Services office.
• Document the fact that you considered the request.
• In the academic setting, "reasonable accommodations" are called "academic adjustments" and/or "auxiliary aids and services".
• The University is responsible for making academic adjustments and for providing auxiliary aids and services to students with disabilities--for example, readers, interpreters, adaptive equipment for classroom use--if these are needed for equality of opportunity.

General Non-Discrimination Requirements

General non-discrimination requirements include the following eight areas:

• equal opportunity
• integrated programs
• methods of administration
• choice of contractors
• licensing and certification
• reasonable modification of policies, practices, and procedures
• eligibility criteria
• surcharges

Other Requirements

• Include employees, students, and others with disabilities in University-sponsored activities. For events, offer to provide accommodations (for example, an interpreter), with reasonable notice.
• Be sure programs and activities are scheduled in accessible locations.
• Ensure availability of equally available communication access for videoconferences, telephone communications, emergency services, etc.

Some Information Resources

Employment:

• ADA Coordinator, 884-7278, http://ada.missouri.edu, and Human Resource Services Department, 882-7976, http://web.missouri.edu/~hrswww/
• Job Accommodation Network (a federally-funded project): 800-232-9675, http://janweb.icdi.wvu.edu
• Great Plains Disability and Business Technical Assistance Project (a federally-funded four-state ADA compliance advisory project housed at MU): 882-3600, http://www.adaproject.org
• Missouri Commission on Human Rights, http://www.dolir.mo.gov/hr/
• Equal Employment Opportunity Commission (EEOC): 800-669-4000 (ADA information) and 800/669-EEOC (publications), http://www.eeoc.gov

Student Rights:

• Disability Services, 882-4696, http://www.missouri.edu/~accesscm/ and ADA Coordinator, 884-7278, http://ada.missouri.edu
• U.S. Department of Education's Office for Civil Rights, 800-421-3481, http://www.ed.gov/offices/OCR/
• Association on Higher Education and Disability: 617-287-3880, http://www.ahead.org

Other Requirements:

• ADA Coordinator, 884-7278
• U. S. Architectural and Transportation Barriers Compliance Board: 800-USA-ABLE, http://www.access-board.gov
• U. S. Department of Justice: ADA information line 800-514-0301 or ADA home page http://www.usdoj.gov/crt/ada/adahom1.htm
• Governor's Council on Disability: 800-877-8249,  http://www.gcd.oa.mo.gov
• Relay Missouri: 711, http://www.relaymissouri.com
• Sprint Relay Online: http://www.sprintrelayonline.com
• Great Plains Disability and Business Technical Assistance Project): 882-3600, http://www.adaproject.org
• Missouri Assistive Technology Project: 800-647-8557, http://www.at.mo.gov

Revised June 2005