An Overview
The Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973 prohibit discrimination against individuals with disabilities.
According to these laws, no otherwise qualified individual with a disability shall, solely by reason of his/her disability, be excluded from participation on, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.
A "person with disability" is defined as "any person who 1) has a physical or mental impairment which substantially limits one or more life activities [including walking, seeing, hearing, speaking, breathing, learning, and working, 2) has a record of such an impairment, or 3) is regarded as having such an impairment."
Examples of disabilities include HIV, Cancer, Cerebral Palsy, Hearing Impairments, Learning Disabilities, Physical Disabilities, Speech Impairments, Spinal Cord Injuries, and Visual Impairments.
Questions and Answers About ADA
Q. What practices and activities are covered by the employment requirements of ADA?
A. ADA prohibits discrimination in all employment practices, including job application procedures, hiring, firing, advancement, compensation, training, and other terms and conditions of employment.
Q. What is reasonable accommodation?
A. In terms of employment, a reasonable accommodation is any modification or adjustment to a job or the work environment that will enable a qualified employee with a disability to participate in the application process or to perform essential job functions.
In terms of students, an institution must provide reasonable accommodations to students with a known disability in order to afford him/her an equal opportunity to participate in the institution's programs, activities and services. Accommodations are made according to the type of disability and are based on the documentation provided by the student.
Q. How is an accommodation requested?
A. Any accommodation must be made on an individual basis based on a request by the student or employee. Students should contact the Coordinator of Disability Services for assistance. Employees should direct questions to the Human Resources Department.
The student or employee with a disability is the best source of information concerning necessary accommodations. The appropriate office will work with a student or employee to develop a reasonable accommodation.
Accommodations
Q. What are some examples of reasonable accommodation?
A. Examples of reasonable accommodations include making existing facilities used by students/employees readily accessible to and usable by an individual with a disability; restructuring a job; modifying work schedules; acquiring or modifying equipment; providing qualified readers or interpreters; or appropriately modifying examination, training, or other programs. Reasonable accommodations may include reassigning a current employee to a vacant position for which the individual is qualified, if the person is unable to do the original job because of a disability.
The decision regarding an appropriate accommodation must be based on the particular facts of each case. In selecting the particular type of reasonable accommodation to provide, the principle test is that of effectiveness, i.e. whether the accommodation will provide an opportunity for a person with a disability to achieve the same level of performance and to enjoy benefits equal to those of an average, similarly situated person without a disability. However, the accommodation does not have to ensure equal results to provide exactly the same benefits.
Source:
Americans with Disabilities Act: Questions and Answers. Equal Employment Opportunity, 1992.(EEOC-BK-15)
QUESTIONS?
Jacqueline Safont
Coordinator of Disability Services
(973) 720-2389
Serving Students with Disabilities:
Policies and Procedures
"William Paterson University provides equal access to all programs, activities, awards and related benefits of its educational programs for all students without discrimination on the basis of disabling conditions."
The University's statement on serving students with disabilities outlines services available to students through the Office of the Coordinator of Disability services. It is the responsibility of the student to self-identity and to provide proper documentation to the Coordinator who will then work with the student, faculty and support services to facilitate any necessary accommodation.
A copy of the brochure "Disability Support Services" is available from the Coordinator's Office.
Q. What are some examples of the general types of assistance available for students?
A. Some examples include:
- Assistance with admission and registration
- Parking arrangements
- Liaison to faculty and staff
- Textbooks and printed course material in alternate formats
- Note-takers, interpreters
- Referral to campus and community resources
- Res. Hall accommodations
Introducing the ADA Panel
The William Paterson University ADA Panel was formed in May 1997 to serve as an advisory committee to the Provost and the Office of Disability Services on issues relating to the American With Disabilities Act. The Office of Disability Services is charged with facilitating reasonable accommodations for students with disabilities, disseminating information to the campus community and serving as an advocate for individuals with disabilities. The Panel also works with the University's Human Resources Department on issues relating to employees with disabilities.
FYI - An Outline of the Law
The Americans With Disabilities Act was signed into law on July 26, 1990. It is divided into five titles:
Title I: Employment
Business must provide reasonable accommodations to protect the rights of individuals with disabilities in all aspects of employment including job application procedures, hiring, advancement, discharge of employees, employee compensation, job training and other terms, conditions and privileges of employment.
Title II: Public Services
Public services, which include state and local governments cannot deny services to people with disabilities participation in programs or activities which are available to people without disabilities.
Title III: Public Accommodations
All new construction and modifications must be accessible to individuals with disabilities.
Title IV: Telecommunications
Telecommunication companies offering telephone service to the general public must have telephone relay service to individuals who use telecommunication devices for the deaf.
Title V: Miscellaneous
Includes a provision prohibiting either (a) coercing, threatening or (b) retaliating against the disabled or those attempting to aid people with disabilities in asserting their rights under the ADA.
Section 504 of the Rehabilitation Act of 1973 prohibited discrimination on the basis of a disability under any program receiving federal financial assistance. The text of section 504 is in 29 USCA _794.
Copies of these laws are available in the Askew Library and at the Americans With Disabilities Act Document Center website.
New Jersey Relay Service
The New Jersey Relay Service is available to all New Jersey residents. This system allows text-telephone users (persons who are deaf, hard-of-hearing or speech-impaired) to communicate with standard telephone users and vice versa. This service is available 24 hours a day and can be reached by calling the following toll-free number:
TTY / TDD only 1 800 852 7899
Voice only 1 800 852 7897
Consult your telephone directory for more information.
Disability Resources on the World Wide Web
AHEAD
http://www.ahead.org
The Association on Higher Education and disability (AHEAD) is an organization committed to full participation in higher education for persons with disabilities. The Association provides training programs, workshops and publications aimed at improving service and support in colleges and universities.
AMERICANS WITH DISABILITIES ACT DOCUMENT CENTER
http://www.jan.wvu.edu/links/adalinks.htm
This website includes the text of the ADA statutes, regulations, other fact sheets and technical information. The site was developed and is maintained by Duncan Kinder, a member of the ADA-OHIO Steering Committee, with the assistance of the Job Accommodation Network and the Great Lakes Disability and Business Technical Assistance Center. This site includes extensive links to other ADA resources on the Internet. |
