Manager's Guide to the Americans With Disabilities Act
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Introduction

Policy

Procedures

 

 

 Introduction

Welcome to the Manager's Guide to the Americans With Disabilities Act (ADA).  This will give you information regarding the ADA and  Texas Woman's University's ADA policy and procedures.  The policy can be accessed online. As you proceed through the information, if you have any questions regarding ADA or TWU's policy, please contact Human Resources at 8-1-3555.

 

What is the Americans with Disabilities Act?

The Americans with Disabilities Act (ADA) of 1990 is a federal law that prohibits employment discrimination in all personnel decisions based on an individual's disability.  The ADA act applies to public and private employers with 15 or more employees. 

 

Definition of Terms

  • ADA Officer - Director of Human Resources or his/her designee
 
  • Disability - any employee having
    • a known mental or physical impairment that substantially limits at least one or more major life activity
    • a record of such an impairment
    • being regarded as having such an impairment

     

  • Essential functions of a position - the primary job duties that a qualified individual must be able to perform with or without an accommodation

     

  • Major life activity -
    • caring for oneself
    • performing manual tasks
    • seeing
    • hearing
    • other

     

  • Qualified individual - an individual who meets all the skills, experience, knowledge, education and other job requirements for the position and can perform the essential functions of the position with or without a reasonable accommodation

 

  • Reasonable accommodations
    • modifications or adjustments to a job application process that enable a qualified applicant with a disability to be considered for a position
    • modifications or adjustments to the work environment that enable a qualified individual with a disability to perform the essential functions of a position
    • modifications or adjustments to the way in which a position is customarily performed that enable a qualified individual with a disability to perform the essential functions of a position
    • modifications or adjustments to ensure that TWU employees with a disability receive equal benefits and privileges of employment that are received by similarly situated employees without a disability

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Covered Conditions

Some examples of covered medical problems include, but are not limited to, non-temporary conditions of:

  • alcoholism (recovering alcoholics and those undergoing treatment)
  • cancer
  • cerebral palsy
  • diabetes
  • drug addiction (rehabilitated drug users and those undergoing treatment)
  • epilepsy
  • hearing and speech disorders
  • HIV
  • mental retardation
  • multiple sclerosis

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TWU Americans with Disabilities Act Policy 3.14

It is the policy of Texas Woman's University to provide equal access and opportunity to employees having a known physical or mental impairment as defined under the Rehabilitation Act of 1973, the Americans with Disabilities Act (ADA) or the Texas Commission on Human Rights Act (TCHRA).  TWU prohibits discrimination on the basis of disability in all aspects of the application process and the employment relationship. TWU administrators shall make a reasonable workplace accommodation if required by law for any employee with a disability that does not constitute an undue hardship.

 

What are Reasonable Accommodations?

Reasonable accommodations are always considered on a case-by-case basis.  Examples of reasonable accommodations could possibly include:

  • assigning a reader to help a blind applicant
  • lowering counters or drinking fountains
  • providing telephone devices for the hearing impaired

Reasonable accommodation will be made unless university administrators demonstrate that doing so would cause an undue hardship.

If TWU administrators believe that a requested accommodation would constitute undue hardship, they will submit a written statement of explanation to the ADA officer.  Undue hardship will conform to definitions provided by the Courts, the ADA and the TCHRA. 

Factors to be considered when determining undue hardship can include, but are not limited to:

  •  the nature and cost of the accommodation
  •  financial considerations
  •  the impact of the accommodation upon the nature and operation of   the department
  • how the request affects the health and safety of other employees

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Are ADA Medical Records Confidential?

Yes! All offices and individuals responsible for reviewing and analyzing the request must maintain the confidentiality of all medical and ADA information concerning employees.  Records are kept separate from personnel files and will be accessible only to authorized personnel. 

 

Periodic Review

If a reasonable workplace accommodation is implemented, the ADA Officer  will maintain periodic contact with the disabled employee to determine continuation or discontinuation of the accommodation.

 

How Does an Employee Make a Complaint?

An employee who believes that he or she has been denied a reasonable accommodation, discriminated against on the basis of disability, or retaliated against due to an accommodation request may submit a complaint to the Director of Human Resources or may initiate a grievance in accordance with the TWU Grievance Procedures Relative to Federal Employment Regulations and Statues.

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Procedure for Requesting an Accommodation

 

How Does an Employee File a Request for Accommodation?

Employees requesting an accommodation must do the following:

  • notify the immediate supervisor as soon as possible
  • inform the supervisor of the nature of the disability
  • complete the Request for ADA Accommodation form
  • submit a copy of the above form to the immediate supervisor and the original to the ADA Officer.

 

What Happens after a Request is Filed?

The ADA Officer may request that the employee provide a medical statement within a reasonable time from the date of notification. The medical statement must contain:

  • a diagnosis
  • a prognosis
  • a description of the specific impairment(s)
  • the major life functions or activities affected by the impairment
  • the degree of limitation to those functions and activities
  • suggested and/or appropriate accommodations to be considered

If incomplete, unclear or inconsistent information is provided, the ADA Officer may request additional information. University administrators will not be able to grant a request for accommodation unless all the requested medical information is provided.

The ADA Officer will review the request and confer with appropriate university personnel and the employee to determine the employee's requirements and input on a reasonable accommodation.  The ADA Officer will determine and prepare guidelines including a recommendation concerning the request for a reasonable accommodation.

ADA accommodation requests that do not meet the legal definition of an ADA-covered accommodation as outlined in the TWU policy may still be considered.  Such requests will be considered on a case-by-case basis and, at the discretion of university administrators, an accommodation may be agreed upon.

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