The Americans with Disabilities Act of 1990, as amended (ADA), prohibits discrimination against a qualified person with a disability in employment practices such as job application procedures, hiring, promotion, discharge, compensation, training, benefits, and other conditions of employment.  Under the ADA, a person is considered to have a disability if:

(1) he or she has a physical or mental impairment that substantially limits one or more major life activities (such as hearing, seeing, speaking, breathing, performing manual tasks, walking, caring for oneself, learning, or working);

(2) has a record of having such an impairment; or

(3) is regarded as having such an impairment^*.

^*Accommodations are not provided for a person who is regarded as having an impairment; accommodations are considered for people with actual impairments that are considered disabling under the ADA.

An individual with a disability is “qualified” if he or she can meet the employer’s requirements for the job as an applicant and perform the essential functions of the job as an employee either with or without reasonable accommodations.  This means that the person with a disability has the necessary skills, experience, education, licenses, or other requirements of a position and can perform the fundamental duties of a job on his own or with the help of reasonable accommodations.  The fundamental duties of a job, or its essential requirements, do not include the marginal or minor functions of a position.

A reasonable accommodation is any change or adjustment to a job or work environment that 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. For example, a reasonable accommodation may include:

– acquiring or modifying equipment or devices; 
– modifying work schedules;
– providing services such as qualified interpreters or readers;
– adjusting or modifying examinations, training materials, or policies; and
– making the workplace readily accessible to and usable by people with disabilities.

Reasonable accommodations are made on a case-by-case basis because the nature and extent of one’s disability and the requirements of the job may vary.  Because the reasonableness of an accommodation involves an analysis of how the employee’s condition affects his or her ability to perform the essential (as distinguished from marginal) functions of the job, the departmental unit must, as an initial step, analyze the essential functions of the position and how each function is performed; for example, does the position exist to perform a specific task, how much time is spent performing the functions that comprise the job, and what are the consequences of not performing the functions.

The employee should initiate the request for an accommodation in the majority of situations.

When requesting an accommodation, the individual should inform someone with a “need-to-know” basis – this is someone who can act upon the request, such as a supervisor, a manager, or a human resources representative.  The person can simply start by communicating that a change or modification is necessary for a medical- or health-related reason.  There are no magic words or technical language that must be used when making this request; it just involves making an employer aware of the need.  A good starting point is to give a general or limited description of the condition – not a diagnosis – and its impact that is causing a problem and necessitating workplace accommodations.

An employee may also complete a Reasonable Accommodation Request form and submit it directly to the ADA Coordinator.

The Reasonable Accommodation Request Form is used to explore possible workplace accommodations for employees who request accommodations.  The purpose of the form is to record accommodations requested and the University’s response and to provide a means of reviewing such requests. See Penn State Policy HR09 Reasonable Accommodations for University Employees.

An individual will be asked to provide limited documentation from a qualified health care professional if the need for the accommodation is not obvious. Such documentation is used to determine if the individual has a covered disability under the ADA; if and how the disability affects the individual’s ability to perform essential job functions; and what accommodations may be effective. Any documentation related to one’s disability will be handled confidentially and is not to be added to the employee’s personnel file. 

Any documentation or information from the form should only be made available to those administrators who need to know the information in order to assess the reasonableness of the accommodation requested or to actually provide the accommodation.  An employing unit may not use information obtained from an employee medical examination or inquiry to discriminate against the employee in any employment practice.

Generally, the employing unit is responsible for funding the accommodation or auxiliary aids or services. Lack of resources at the unit level will not be a sufficient reason in most instances for failing to provide a reasonable accommodation. If the cost of providing reasonable accommodation is unusually high or otherwise will pose a financial burden on a work unit, the unit should contact the Office of Equal Opportunity and Access to request funding to assist in the costs.

If you need assistance in assessing the reasonableness of a requested accommodation, locating auxiliary aids, or have general questions about the ADA and the Rehabilitation Act, please contact the Office of Equal Opportunity and Access or your Human Resources Representative/Officer. For additional questions regarding aspects of accessibility having to do with buildings, parking, transportation, telecommunications, employment or access to programs, please contact the Office of Equal Opportunity and Access.