Disability
UMDNJ Policy
Request for Reasonable Accommodations Form
Sample Medical Documentation
Consent Form
Self Identification Form for Employees with Disabilities
Self Identification Form for Veterans and Disabled Veterans
ADA Amendments Act of 2008 (Effective January 1, 2009)
UMDNJ is required to provide reasonable accommodations to faculty, staff and students who are qualified individuals with disabilities and who can with or without reasonable accommodations perform the essential functions of their positions or meet the technical requirements of the program they are in or the person desires.
Definition
The University is required to comply with the Americans with Disabilities Act (ADA) and the New Jersey Law Against Discrimination (LAD).
Under the ADA, a disabled person is defined as
- having a physical or mental impairment that substantially limits one or more of the major life activities of such individual;
- having a record of such an impairment; or
- being regarded as having such impairment.
Major life activities include: walking, talking, seeing, hearing, speaking, being able to take care of oneself, working.
The term disability is very broad under New Jersey Law Against Discrimination.
- Disability includes:
- physical disability, infirmity, malformation, or disfigurement
- physical illness or disease
- mental, psychological or developmental disability that results from conditions which prevent the normal exercise of any bodily or mental function or which can be shown to exist through accepted clinical or laboratory diagnostic tests. This
includes, but is not limited to, people with paralysis, amputation, epilepsy, visual or hearing impairments, speech impediments, AIDS, HIV infection, Sickle cell trait, and other atypical hereditary cellular or blood traits.
Therefore the range of individuals who could be considered disabled under the LAD is larger. UMDNJ must follow the state law.
Finally, the LAD prohibits employers from denying employment opportunities to people with disabilities unless the employer reasonably determines that the nature and extent of a person's disability reasonably precludes his or her safe performance of a particular job. In order for the decision to be reasonable, the employer must determine that the employee's disability precludes the performance of essential duties, not merely hinders the execution of some tasks. Furthermore, before deciding that a person's disability precludes his or her safe performance of a particular job, an employer must first consider the possibility of making reasonable accommodations, that is, adjustments to the work assignment or workplace that may enable the person to perform the essential functions of his or her position.
Federal and state courts have reasoned that an employer's obligation to provide reasonable accommodation may sometimes require an employer to request information about an employee's abilities and need for accommodation. Accordingly, if an employer has reason to believe that an employee has a disability, the mere fact that the employee does not request an accommodation may not relieve the employer from the responsibility of providing reasonable accommodations that will enable the employee to perform the essential functions of his or her job.
An accommodation may be required even if it causes the employer some inconvenience or cost. An employer must make reasonable accommodations to the limitations of an employee or applicant with a disability unless the accommodation imposes an undue hardship on the operation of its business.
Procedure
Individuals who are requesting accommodations are to complete the Accommodations Request Form and submit the form along with medical documentation to the Office of Workplace Diversity.
A representative from the office will:
- Determine whether the individual warrants accommodations
- Work with the employee and supervisor to identify reasonable accommodations
- Coordinate with the department and Department of Human Resources arranging the accommodations
- Identify resources and coordinate with those resources to facilitate identifying/obtaining assistive devices and/or auxiliary aids needed as accommodations
- Document accommodations with all parties and check to ensure accommodations have been arranged.
- Maintain confidentiality
Employees are responsible for:
- Requesting accommodations; completing Request for Accommodations Form
- Providing acceptable medical documentation
- Engaging in the interactive process with the OWD and supervisor to establish accommodations
- Informing supervisor when accommodations are not effective.
Supervisors are responsible for:
- Engaging interactive process with the employee and OWD to arrange reasonable accommodations
- Non discrimination
- Maintaining confidentiality
- Arranging accommodations
