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Human Resources

Policies

Americans with Disabilities Act - "ADA"

 

DATE ISSUED
08/01/94

DATE REVISED
08/01/98

POLICY

Saint Louis University welcomes persons form all races, ethnic backgrounds, religions and abilities to its campuses as faculty, staff, students and visitors. Saint Louis University prohibits discrimination based on race, color, sex, national origin, religion, age, sexual orientation, disability and veteran status.

The purpose of the Americans with Disabilities Act of 1990, is to prohibit discrimination against and facilitate the inclusion of persons with disabilities in employment, education, public accommodations, transportation and communication systems. The ADA accomplishes this with two basic mandates to employers, public facilities and providers of goods and services. First, individuals with disabilities must be given an equal opportunity to gain access to available employment and public accommodations. Secondly, public accommodations and employers must attempt to make reasonable accommodations to the physical and mental limitations of individuals with disabilities. The University established the following procedures to ensure the compliance of all areas of the University community with the letter of spirit of the Americans with Disabilities Act.

SCOPE

This policy applies to all prospective and current staff, faculty and students of Saint Louis University. This policy also applies to visitors, patients, customers, vendors, contractors, and groups or individuals leasing any facility of the University.

DEFINITIONS

These definitions are from the Americans with Disabilities Act and its regulatory guidelines.

Direct Threat. This refers to a situation where the individual with a disability, with or without a reasonable accommodation, poses a danger to the health or safety of the individual or others. To demonstrate a direct threat there must be (1) significant risk of substantial harm; (2) a specific identified risk; (3) a current risk; (4) an assessment of risk based on objective medical or factual evidence regarding a particular individual; and (5) proof that this significant risk cannot be eliminated or reduced below the level of a "direct threat" be reasonable accommodation.

Essential Functions. The fundamental or "core" job duties of a particular employment position. It excludes the marginal functions of the position.

Individual with a Disability. An individual who: (1) has a physical or mental impairment that substantially limits one or more of his/her major life activities; or (2) has record of such an impairment; or (3) is regarded as having such an impairment.

Public Accommodations. A private entity that runs, leases, leases to, or operates a place of public accommodation. Its operations affect commerce, and fall within at least one of the following 12 categories: places of lodging; establishments serving food or drink; places of exhibition or entertainment; places of public gathering; sales or rental establishments; service establishments; public transportation terminals, depots or stations; places of public display or collection; places of recreations; educational institutions; social service center establishments; exercise or recreation facilities.

Qualified individual with a Disability. For purposes of employment, admissions, and the provision of educational auxiliary services, a person with a disability must also satisfy the requisite skill, experience, education and other job related requirements of the employment position such individual holds or desires, or the educational requirements of the program for which he or she applies or is enrolled, with or without reasonable accommodations.

Readily Accessible to and usable by. The term is intended to enable people with disabilities including mobility, sensory, and cognitive impairments to get to, enter and use a facility.

Readily Achievable. Actions that are easily accomplished and able to be carried out without much difficulty or expense.

Reasonable Accommodation. This term may include but is not limited to: making existing facilities readily accessible and usable be individuals with disabilities, job restructuring, part time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustment or modification of examinations, training materials or policies, the provision of qualified readers or interpreters and similar accommodations for individuals with disabilities.

Undue Burden. An action that requires significant difficulty or expense. Factors considered in the determination of undue burden include: nature and cost, overall financial resources, number of employees, effects on expenses and resources, safety requirements, impact of action on on-site operation, relationship with parent company and its financial resources, size, number of employees.

Undue Hardship. An accommodation that is excessively costly, extensive, substantial, or disruptive, or that would fundamentally alter the nature or operation of the business.

PROCEDURES

The Affirmative Action Officer is responsible for monitoring Saint Louis University’s compliance with the Americans with Disabilities Act of 1990, the Rehabilitation Act of 1973 and all legislation that ensure equal access and opportunity for persons with disabilities. The Affirmative Action Officer will review the procedures established at the department or division level to ensure access. The Disabilities Coordinator has been designed as the point of contact for students with disabilities. The Disabilities Coordinator will evaluate and verify a student’s need for auxiliary services. The Human Resources Office is the point of contact for employees to request workplace accommodations.

It is the responsibility of each University department and /or division to absorb the cost of reasonable accommodations made for its employees, visitors or students with disabilities. Exceptions to this will be academic auxiliary services which are provided through the Disabilities Coordinator’s office; and physical renovations and new construction which is the responsibility of Facilities Services. Wherever possible, accommodations and physical improvements will be built into the budget process.

1.0 Employment

Qualified disabled individuals will be treated without discrimination in all employment practices including but not limited to employment, promotion, demotion or transfer, recruitment or recruitment advertising, layoff or termination, job classification, benefits, tenure, eligibility for leave, compensation and selection for training.

Disabled individuals may request a reasonable accommodation to 1) enable them to complete an application and be considered for a position at Saint Louis University, 2) perform the essential functions of a position, or 3) enable the disabled employee to enjoy the same benefits and privileges of employment as are enjoyed be other similarly situated non-disabled employees.

In general, it is the disabled individual’s responsibility to inform the respective Human Resources Office that an accommodation is needed. When accommodation is requested, Saint Louis University will make every reasonable attempt to meet the