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ADA Employee FAQs
What employment practices are covered under the ADA?
Personnel practices and decisions such as: hiring, firing, advancement, compensation, training, and other terms, conditions, and privileges of employment are covered under the ADA. Other applicable practices related to employment covered by the ADA are recruitment, tenure, layoff, leave and fringe benefits
What is a disability as defined by the ADA?
The ADA has a three part definition of disability. As defined by the ADA a disability or an individual with a disability is one who:
- Has a physical or mental impairment that substantially limits one or more major life activities
- Has a record of such impairment; or
- Is regarded as having such an impairment
Who is a “qualified individual with a disability”?
A qualified individual with a disability is anyone who can perform the “essential functions” of a job with or without reasonable accommodation. They must meet all skill, experience, education, and other requirements of the job to be considered a “qualified individual.”
A person may not be deemed unfit for a job if they cannot perform non-essential, marginal, or incidental job functions related to the position they hold or are seeking.
Does the employer have to give preference to a qualified applicant with a disability?
An employer is open to hire whichever candidate is most qualified to perform the essential functions of the job, regardless of disability. If the person with a disability is not able to perform the essential functions of the job with reasonable accommodation, than other applicants, the employer is free to hire the more qualified applicant for the position.
What is considered reasonable accommodation?
Any adjustments to the job or modifications of the work environment that allows a person with a disability to perform job functions or complete the application process is considered to be a reasonable accommodation. This includes any accommodations made to ensure that a person with a disability has all the same rights and privileges related to employment as someone without a disability. Individuals requesting accommodation needs should contact the Office of Disability Support Services at 252-737-1016.
When is reasonable accommodation required?
Reasonable accommodation is only required of employers where instances of a known disability exist. If any employee does not make an employer aware of their disability the employer is under no obligation to provide reasonable accommodation unless the disability impairs the person’s ability to communicate their disability to their employer where the disability is apparent to the employer. The person with the disability, in general, will be able to suggest reasonable accommodations and each accommodation, in general, will vary on a case by case basis.
The only instances where an employer is not required to provide reasonable accommodation are those where is will put “undue hardship” on the employer or business. Undue hardship is deemed to be any action that requires the employer to go through significant difficultly or significant financial expense in relation to the size and financial condition of the employer or business entity.
If you feel that you have been harassed or discriminated against East Carolina University has a procedure in place to file and investigate harassment or discrimination charges. The East Carolina University manual reads:
“East Carolina students, faculty members, and administrators or visitors who believe that they are victims of sexual, racial, or ethnic harassment or discrimination by East Carolina University Faculty members or administrators with faculty status should bring the matter to the attention of the University Equity Officer.”
Taffye Benson Clayton is the University Equity Officer and can be reached at 252-328-6804 or claytont@ecu.edu. |
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