Equal Opportunity and Affirmative Action

In accordance with the Americans with Disabilities Act (ADA) of 1990, as amended and the Rehabilitation Act of 1973, Section 504, no qualified person will be denied access to, participation in, or the benefits of, any program or activity operated by Austin Peay State University (APSU) because of disability. APSU will not discriminate against qualified individuals with disabilities in employment practices and activities, including, but not limited to, application procedures, hiring, tenure, promotion, advancement, termination, training, compensation and benefits.  Additionally, APSU will not discriminate against a qualified individual because of the known disability of another individual with whom the qualified individual is known to have a relationship or association.

• Section 504 of the Rehabilitation Act of 1973 was the first piece of civil rights legislation to address the rights of people with disabilities.  The Rehabilitation Act made it illegal for programs that receive federal funding (such as universities) to discriminate on the basis of a disability.
• The Americans with Disabilities Act (ADA) of 1990, as amended, is a civil rights law that prohibits discrimination in employment, public services and accommodations, and telecommunications. It applies to employers with 15 or more employees.
• APSU POLICY 6:004:  Discrimination and Harassment Based on Protected Categories other than Sex

   

Title I of the ADA

• Requires APSU to provide reasonable accommodation to “qualified individuals” who are employees or applicants for employment, unless to do so would cause undue hardship.

A qualified individual with a disability is a person who meets legitimate skill, experience, education, or other requirements of an employment position that he or she holds or seeks, and who can perform the "essential functions" of the position with or without reasonable accommodation.

Equal Employment Opportunity Commission (2002, May 1). The ADA:  Questions and Answers.
https://www.eeoc.gov/laws/guidance/ada-questions-and-answers#:~:text=A%20qualified%20individual%20with%20a,with%20or%20without%20reasonable%20accommodation.

• A reasonable accommodation is any change to the application or hiring process, to the job, to the way the job is done, or the work environment that allows a person with a disability who is qualified for the job to perform the essential functions of that job and enjoy equal employment opportunities.
• Accommodations are considered “reasonable” if they do not create an undue hardship.

Northwest ADA Center (2018). Reasonable Accommodations in the Workplace.
https://adata.org/factsheet/reasonable-accommodations-workplace

 

Essential functions are job duties that are fundamental to the position, they are the reason the job exists. Some of the factors for determining essential functions of a job include:

• Whether the position exists specifically to perform these essential functions.
• The number of other employees who are available to perform the same job duties.
• The expertise or skills required to perform the essential functions.

Northwest ADA Center (2018). Reasonable Accommodations in the Workplace. https://adata.org/factsheet/reasonable-accommodations-workplace

Provide Alternative Formats: A supervisor gives feedback in writing, rather than verbally, for an employee who communicates better through written materials.

Equipment Change: An employer purchases software that magnifies the computer screen to allow an employee with low vision to correctly enter and read information on the computer.

CART (Communication Access Realtime Translation (CART) is provided for an individual with hearing loss on the individual’s laptop at a work meeting.

Northwest ADA Center (2018). Reasonable Accommodations in the Workplace. https://adata.org/factsheet/reasonable-accommodations-workplace

Steps in the Interactive Process:

1. Go to the Office of Equity, Access, & Inclusion (OEAI) Individuals with Disabilities Website: https://www.apsu.edu/equity-access/disabilities/index.php
2. Complete the Reasonable Accommodation Inquiry Form and submit it.
3. Expect to receive the Reasonable Accommodation Request Form through DocuSign with three (3) business days.
   
4. Complete The Reasonable Accommodation Request Form through DocuSign:

1. The OEAI will contact you within three (3) business days to discuss your request and answer questions
2. The OEIA will explore accommodation options with employee and supervisor
3. An Accommodation will be chosen.
4. Implementation of the Accommodation
5. Monitoring of the Accommodation
   1. Is the accommodation effective?
   2. Have changes occurred?