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Disability Discrimination

Disability discrimination can occur whenever a qualified individual with a disability is denied the same equal opportunities as other University students, faculty and staff because of their disability status. Under applicable disability laws, an individual with a disability is a person who has: a physical or mental impairment that substantially limits one or more major life activities; a record of such an impairment; or is regarded as having such an impairment. Temporary, non-chronic impairments that do not last for a long time and that have little or no long-term impact usually are not disabilities. The determination of whether an impairment is a disability is made on a case-by-case basis.

What is a 'major life activity' under the law?
To be considered a person with a disability, the impairment must substantially limit one or more major life activities. Examples of major life activities include walking, speaking, breathing, performing manual tasks, seeing, hearing, learning, caring for oneself and working.

What does "qualified" mean?
To be protected, a person must not only be an individual with a disability, but must be qualified.

University Students
For students, a qualified individual with a disability is a person who, with or without reasonable modifications to rules, policies or practices, the removal of architectural, communication or transportation barriers, or the provision of auxiliary aids or services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by the University.

University Employees
For University employees, a qualified individual with a disability is a person who satisfies the requisite skill, experience, education and other job-related requirements of the employment position and who, with or without a reasonable accommodation, can perform the essential functions of a position.

What is a reasonable accommodation?
University Students
A reasonable accommodation is a reasonable modification in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the modifications would fundamentally alter the nature of a University service, program or activity. Examples of reasonable accommodations include, but are not limited to:
  • note taking services
  • text conversion to alternative accessible formats
  • audio and video tapes
  • qualified interpreter services
  • adjusting time limits on tests
  • making facilities and/or programs readily accessible to and useable by individuals with disabilities

University employees
A reasonable accommodation is any modification or adjustment to a job, an employment practice, or the work environment that makes its possible for a qualified individual with a disability to enjoy an equal employment opportunity. The University shall provide a reasonable accommodation to the known disability of a qualified applicant or employee with a disability unless the accommodation would impose an undue hardship. Examples of reasonable accommodations include, but are not limited to:

  • job restructuring
  • modified work schedules
  • obtaining or modifying equipment or devices
  • modifying examinations, training materials or policies
  • providing qualified readers and interpreters
  • reassignment to a vacant position
  • making facilities readily accessible to and usable by individuals with disabilities

The University is obligated to make a reasonable accommodation only to the known disability of an otherwise qualified employee or student. In general, it is the responsibility of the employee or student to make their disability status and subsequent need for an accommodation known to the appropriate University official. Once on notice for the need for accommodations, it is the responsibility of the University official and the individual with a disability to engage in dialogue to identify possible accommodations and assess the reasonableness and effectiveness of each potential accommodation. Determinations regarding accommodations on campus will be made on a case-by-case basis. Determining a reasonable accommodation is very fact-specific. In general, it must be tailored to address the nature of the disability and the needs of the individual within the context of the requirements of the job or the program of study. If there are two or more possible accommodations, and one costs more or is more burdensome than the other, the University will give primary consideration to the preference of the individual with a disability. However, the University may choose the less expensive or burdensome accommodation as long as it is effective. For more information regarding disability discrimination, please visit the Office of Equal Opportunity and Access accessible web site at www.eoa.uicu.edu

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