AMERICANS WITH DISABILITIES ACT
The Americans with Disabilities Act of 1990 (“ADA”) is a wide-ranging piece of legislation that offers a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities. Wittenberg University, in accordance with the ADA, reaffirms its mission to develop a living and working environment for a diverse community of students, faculty and staff. Committed to providing equal access to facilities and reasonable accommodations for people with disabilities, the University will continue to develop and coordinate policies and procedures and to provide services in employment, academic programs, and co-curricular activities.
A BRIEF OVERVIEW OF THE ACT
The Americans with Disabilities Act was enacted to protect individuals with disabilities against discrimination in such critical areas as employment, housing, public accommodations, education, transportation, communication, health services, and access to public services.
Title I of the ADA prohibits employment discrimination against the disabled and requires organizations to provide reasonable accommodations to individuals with disabilities in all aspects of employment, including the application process, hiring, wages, and benefits. Title III of the ADA extends the nondiscrimination policy beyond the employment context to the broader range of facility and program accessibility.
The ADA’s protection applies primarily, but not exclusively, to ‘disabled’ individuals. An individual is “disabled” if he or she meets at least any one of the following criteria:
Other individuals who are protected in certain circumstances include: 1) those, such as parents, who have an association with an individual known to have a disability, and 2) those who are subjected to retaliation for assisting people with disabilities in asserting their rights under the ADA.
RIGHTS AND RESPONSIBILITIES
Individuals with disabilities at the university have the right to:
Individuals with disabilities at the university have the responsibility to:
All members of the Wittenberg community have the responsibility to:
MAKING AN ACCOMMODATION REQUEST
The university’s process for making accommodations is determined on a case-by-case basis through a structured assessment system centralized in the Department of Human Resources. In general, the term “accommodation” means any change in the work environment or the way things are customarily done that enables an otherwise qualified individual with a disability to perform the essential functions of a job and enjoy the same employment opportunities as employees without disabilities. Neither the ADA nor the regulations specifically define what constitutes a “reasonable accommodation.” Rather, the ADA provides a list of possible accommodations, such as:
Requests for an accommodation should be made simultaneously to your immediate supervisor and to the associate vice president for human resources. Once a supervisor is made aware of the possible need for an accommodation, it is incumbent upon that supervisor to advise and to work in consultation with the associate vice president for human resources.
In accordance with the EEOC recommendations, the assessment includes:
Whether a proposed accommodation is reasonable is decided on a case-by-case basis. The university maintains the right to select from equally effective accommodations, adjustments, and/or auxiliary aids and services, as well as to refuse an unreasonable accommodation, adjustment, and/or auxiliary aid and service that imposes a fundamental alteration on a program or activity of the university. The assessment generally requires the requesting employee or student to provide current documentation that supports his or her request for accommodation.
COMMERCIAL SOLICITATION: WITTENBERG POLICY ON COMMERCIAL SOLICITATION
Neither students nor non-students may use campus grounds and/or facilities for commercial purposes unless written permission has been obtained from the university. Students should seek permission from the Student Services Department and employees should consult with their supervisors before making the intended solicitation.
The above policy is not construed to prohibit the membership drives and activities conducted by recognized Wittenberg University organizations. Permission for such activities may be granted on a first-come, first-served basis.