ADA Overview

See Also: Reasonable Accommodations | Request an Accommodation | Request an Interpreter

The Americans with Disabilities Act (ADA) of 1990

The ADA is a civil rights law that expanded protections to people with disabilities in all aspects of life. With passage of the ADA, people with disabilities are guaranteed equal opportunity in employment, services provided by state and local government, public accommodations, commercial facilities, transportation and telecommunications.

ADA Amendments Act (ADAAA) of 2008

The ADAAA amended the ADA by making changes as to how the definition of disability is interpreted and was intended to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.

The ADA, ADAAA and Section 504 of the Rehabilitation Act of 1973 require employers to reasonably accommodate qualified individuals with disabilities. It is the policy of Columbus State Community College to comply with all federal and state laws concerning the employment, application procedures, hiring, advancement, discharge, compensation, training, or other terms, conditions and privileges of employment of persons with disabilities.

Columbus State does not discriminate on the basis of disability in any of its educational programs and activities and in any of its employment practices.

Definitions Related to the ADA

Disability - a physical or mental impairment that substantially limits one or more major life activities and/or major bodily functions of the individual, a record of such an impairment, or being regarded as having such an impairment.

Direct Threat - a significant risk to the health or safety of others that cannot be eliminated by a reasonable accommodation.

Ergonomics - The applied science of equipment design, as for the workplace, intended to maximize productivity by reducing fatigue and discomfort. Employers use this practice to prevent injury on the job. Ergonomic assessment adjustments may or may not be part of a reasonable accommodation.

Essential Functions of the Job - those activities that are determined by the College to be essential or core to performing the job, completion of an academic program or participation in other college sponsored programs or services. These functions cannot be modified. An individual must be able to perform the essential functions of a job with or without a reasonable accommodation.

Interactive Process - a flexible, collaborative conversation held between the employee and the employer to identify possible options for a reasonable accommodation.

Major Life Activities – include, but are not limited to: caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating and working.

Major Bodily Functions – include, but are not limited to: functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine and reproductive functions.

Qualified Individual - an individual who, with or without reasonable accommodation(s), meets the eligibility requirements for employment, educational programs or other College-sponsored programs and services such that he/she can perform the essential functions of:

(1) An employment position that such employee holds or an employment applicant wishes to hold.

(2) An educational program or other College-sponsored program or service in which an individual is enrolled or wishes to enroll or participates or wishes to participate.

Reasonable Accommodation - making appropriate and needed changes or modifications without imposing undue hardship so individuals with disabilities can enjoy the same rights and privileges of others without disabilities.

Substantially Limited - an individual is substantially limited in a major life activity when limited in the ability to perform a major life activity in comparison to an average person in the general population.

Undue Hardship - an action requiring significant difficulty or expense to the College. This determination is made on a case-by-case basis. Factors to be considered in determining whether an accommodation would impose an undue hardship include, but are not limited to:

• The nature and cost of the accommodation;
• The overall financial resources of the facility or facilities involved in the provision of the reasonable accommodation;
• The number of persons at such facility;
• The effect on expenses and resources or the impact of such accommodation upon the operation of the facility;
• The overall financial resources of the College;
• The number, type and location of facilities;
• The composition, structure and functions of the workforce;
• The ownership and/or lease relationship of the facility in which the College conducts business.

Policies and Procedures

ADA Policy

ADA Procedure