Americans with Disabilities Act Self-Identification and Request for Accommodation Process

Introduction

Virginia Commonwealth University is committed to equal opportunity in employment and education for persons with disabilities, and complies with the requirements of the Americans with Disabilities Act of 1990 (ADA) and the Rehabilitation Act of 1973.

These laws prohibit discrimination on the basis of disability in employment, housing, transportation, access to public accommodations and services, education, and telecommunications. The ADA and the Rehabilitation Act expand opportunities for persons with disabilities by removing barriers that prevent them from fully participating in all aspects of society. By complying with these laws, the University benefits from the skills and talents of persons with disabilities and makes its programs and activities available to all on an equal basis.

The University is obligated to make an accomodation only for the known limitations of a qualified individual with a disability. In general, it is the responsibility of the applicant, employee, or student with a disability to self-identify and inform the University that an accomodation is needed.

Who is covered?

The ADA and the Rehabilitation Act apply to all qualified persons with disabilities. A person with a disability is an individual 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 impairment.

Major life activities are the basic activities that the average person in the general population can perform with little or no difficulty, including caring for oneself, seeing, hearing, walking, talking, breathing, learning, performing manual tasks, and working.
A record of impairment is a history of a substantially limiting mental or physical impairment, which includes persons who have recovered or are not now substantially limited.

A person is regarded as having an impairment where there is not a substantial limitation of a major life activity but a person is perceived as having a limitation.
Generally, conditions that last for only a few days, weeks, or less than six months and have no permanent or long-term effects on an individual's health are not considered disabilities because they are not substantially limiting. Examples of such conditions may include but are not limited to broken bones, sprains, a common cold, and the flu.

What employment practices are covered?

Coverage extends to all aspects of the hiring process, including job application procedures, hiring, firing, advancement, compensation, training, and other terms, conditions and privileges of employment. It also applies to recruitment, advertising, tenure, layoff, leave, fringe benefits, and all other employment related activities.

In order to be covered by the ADA, a person must be a qualified individual with a disability. This means a person with a disability who meets legitimate skill, experience, education, or other requirements of the employment position in question, and who can perform the "essential functions" of the position with or without reasonable accommodation.

Essential functions are basic job duties that an employee must be able to perform with or without reasonable accommodation. For example, entering data in a computer may be an essential function of an office services specialist position. A person with a disability would have to be able to perform this function, with or without a reasonable accommodation, in order to be qualified for that position.

Reasonable accommodation is any change or adjustment to a job or work environment that does not cause an undue hardship on an employer's business operations and permits a qualified applicant or employee with a disability to participate in the job application process, to perform the essential functions of a job, or to enjoy benefits and privileges of employment equal to those enjoyed by employees without disabilities.

Reasonable accommodations in the work environment may include but are not limited to:

• acquiring or modifying equipment


• job restructuring


• part-time or modified work schedules


• reassignment to a vacant position


• adjusting or modifying examinations, training materials, or policies


• providing qualified readers or interpreters


• making the workplace readily accessible and usable

• cassette taping of text/materials


• note takers in the classroom


• TDD for persons with hearing impairments


• access to and loan of equipment


• priority registration

How does one self-identify and request a reasonable accommodation?

The University is obligated to make an accommodation only for the known limitations of a qualified individual with a disability. In general, it is the responsibility of the applicant, employee, or student with a disability to self-identify and inform the University that an accommodation is needed. Self-identification form [pdf]. This confidential process is coordinated by the University's Office of EEO/AA Services to help ensure that the rights of all parties are protected.

Once an applicant or employee has self-identified and requested an accommodation, the University and the applicant/employee will engage in an interactive process to determine how best to meet the need. Medical documentation of the disability from a qualified professional may be required before a reasonable accommodation request will be considered. Physician’s form [pdf]

Requests for a reasonable accommodation will be assessed and evaluated on a case-by-case basis.

Applicants and employees in need of assistance or accommodation may notify their supervisor or Velma Jackson-Williams, ADA Coordinator, at (804) 828-1347. Faculty and staff also may contact Cindy Andrews, Director of Employee Relations, at (804) 828-1510 for assistance.

Addressing Concerns
If you believe you have been discriminated against because of your disability, contact the Office of EEO/AA Services. Persons who file a discrimination complaint in good faith are protected from retaliation. Additional information and the complete text of the Discrimination Complaint Procedures can be accessed on the EEO/AA Web site at http://www.vcu.edu/eeoaa/internal_complaint.html.

Formal complaints also can be filed with federal and state agencies authorized by law to investigate claims of discrimination.

Additional Resources
Persons with disabilities who are in need of parking accommodations may contact Parking and Transportation at (804) 828-8726 on the Academic Campus and (804) 828-0501 on the MCV Campus.

Note: Persons with disabilities may be affected by other laws. The Family and Medical Leave Act (FMLA) entitles eligible employees to take up to 12 weeks of paid (if covered by available leave balance) or unpaid, job-protected leave each year for specified family and medical reasons. Human Resources's FMLA site. Worker's Compensation provides paid leave to eligible employees who are injured on the job. Human Resources WC site. To obtain additional information about these policies, please contact your supervisor or Human Resources.

Showing Respect
• Speak directly to a person with a disability rather than to a companion. Treat the person as an individual, not a disability.
• If you offer assistance, wait until the offer is accepted, then listen to or ask for instructions. Ask questions if you are unsure what to do.
• Treat adults as adults. Address people by first names only when extending the same familiarity to all.
• When introduced to a person with a disability, it is appropriate to offer to shake hands. Offering to shake left hands is acceptable.
• When meeting a person who is visually impaired, always identify yourself and others who are with you. Identify the person to whom you are speaking if you are in a group.
• Leaning on a person's wheelchair is generally considered inappropriate. The chair is part of the personal body space of the person who uses it. When speaking with a person who uses a wheelchair or who uses crutches, it is a courtesy to place yourself at eye level.
• Listen attentively when talking with a person who has difficulty speaking. Be patient, and never pretend to understand if you don't. Ask short questions that require short answers.
• Don't be embarrassed if you happen to use a common expression such as "see you later" that seems to relate to a disability. Relax and be yourself.
• Lastly, focus on ability, not disability.