Americans with Disabilities Act

Definitions for DISABILITY

A mental or physical impairment that substantially limits at least one major life activity of an individual, a record of such an impairment, or being regarded as having such an impairment. The term does not include:

A current condition of addiction to the use of alcohol, a drug, an illegal substance, or a federally controlled substance; or

A currently communicable disease or infection as defined in Section 81.003, Health and Safety Code, or required to be reported under Section 81.041, Health and Safety Code, that constitutes a direct threat to the health or safety of other persons or that makes the affected unable to perform the duties of the person's employment.

Qualified individual with a disability

A person with a disability who satisfies the requisite skill, experience, education and other job-related requirements of the employment position such individual holds or desires, and who, with or without reasonable accommodation, can perform the essential functions of such position.

Undue hardship

An action that is excessively costly, extensive, substantial, or disruptive or that would fundamentally alter the nature or operation of the business.

In determining undue hardship, factors to be considered include the nature and cost of the accommodation in relation to the size, the financial resources, the nature and structure of the employer's operation, as well as the impact of the accommodation on the specific facility providing the accommodation.

Processing procedures

1. The employee, student, fellow or resident requesting accommodation submits the appropriate request for accommodation under the Americans with Disabilities Act (ADA). Employees submit Employee Request for Accommodation Under the Americans with Disabilities Act (ADA), form ADA-99, and students, fellows and residents submit Student/Resident Request for Accommodation Under the Americans with Disabilities Act (ADA), form ADA-100, with a copy of the current job description (if appropriate) to the Academic, Faculty and Student Ombudsperson & ADA Compliance Office and a copy to his/her immediate supervisor or if a student, fellow or resident the appropriate Associate Dean of their School and a copy to the ADA Coordinator.

2. The Academic, Faculty and Student Ombudsperson & ADA Compliance Office will determine if additional medical information is needed and will furnish the individual with any forms/questionnaires necessary for the health care provider to complete.

3. The Academic, Faculty and Student Ombudsperson & ADA Compliance Office will evaluate information to determine eligibility within the guidelines of the ADA and the ADAAA.

4. The Academic, Faculty and Student Ombudsperson & ADA Compliance Office will then coordinate with the necessary institutional staff and the individual to identify the essential functions of the job or the program of study and determine whether there is an effective, reasonable accommodation that will enable the employee, student, fellow, post-doc or resident to perform those essential functions (interactive process).

5. The Academic, Faculty and Student Ombudsperson & ADA Compliance Office will follow-up on the individual’s status/progress on annual basis, or earlier as need arises.

Appeal process

Reasonable accommodations under the ADA and ADAAA is an ongoing process. At any point in time, the individual receiving the reasonable accommodation may request a reevaluation of their request from the Academic, Faculty and Student Ombudsperson & ADA Compliance Office. At that point, the interactive process will be implemented in order to deal with any new requests and/or revisions to the initial requests.

Confidentiality

All medical-related information shall be kept confidential and maintained separately from other personnel records. However, supervisors and managers may be advised of information necessary to make the determinations they are required to make in connection with a request for an accommodation. First aid and safety personnel may be informed, when appropriate, if the disability might require emergency treatment or if any specific procedures are needed in case of fire or other evacuations. Government officials investigating compliance with the ADA and the ADAAA may also be provided with relevant information as requested.

ADA Accommodation Request Form

You'll receive information on how to complete this step after your formal acceptance.