06:10:17 ADA and Accommodations

PURPOSE

To document Walters State’s procedure for handling accommodations under the Americans with Disabilities Act and related Amendments.

POLICY

1. Background

The Americans with Disabilities Act (ADA) became law in 1990. The ADA is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places open to the general public. The law’s purpose is to ensure that people with disabilities have the same rights and opportunities as everyone else. In 2008, the Americans with Disabilities Act Amendments Act (ADAAA) was signed into law and became effective on January 1, 2009. The ADAAA made several significant changes to the definition of “disability.” The changes in the definition of disability in the ADAAA apply to all titles of the ADA, including Title I (employment practices of private employers with 15 or more employees, state and local governments, employment agencies, labor unions, agents of the employer, and joint management labor committees); Title II (programs and activities of state and local government entities); and Title III (private entities that are considered places of public accommodation).

2. The Interactive Process
   1. Employees
      1. When an employee indicates to a supervisor that he/she might possibly need an accommodation, the supervisor must direct the employee to meet with the Executive Director of Human Resources and/or Benefits Coordinator.
      2. The Executive Director of Human Resources or Benefits Coordinator will provide the employee with an ADA accommodation request form and a copy of the current job description. The employee should take the form and the job description to the physician treating his/her condition.
      3. Once the physician has completed the form, the employee shall return the form to Human Resources.
      4. The Executive Director of Human Resources and/or Benefits Coordinator shall meet with the employee to discuss how the employee’s condition affects his/her job duties and what ideas the employee has for making it easier to accomplish his/her essential job functions.
      5. The Executive Director will meet with the employee’s supervisor. They will work together to draft a document that may ease the employee’s difficulties while keeping the employee fulfilling his/her essential job duties.
      6. It should be noted that the employer is not required to allow a cost-prohibitive accommodation or the accommodation the employee wants.
      7. The Executive Director of Human Resources may contact the employee’s physician if he/she has questions regarding the information on the accommodation request form.
   2. Students

Any student needing an accommodation should contact the Office of Student Support Services. At that time, the student will be advised of the required documentation. Once the documentation is provided to the Office of Student Support Services, the staff will begin an interactive process with the student to determine which accommodation would best meet the student’s needs while maintaining the student’s ability to obtain a quality educational experience.

04/21; 10/22; 05/24