Americans with Disabilities Act

Lander University prohibits discrimination on the basis of disability. The University is committed to compliance with the Americans with Disabilities Act of 1990 (ADA) and Sections 503/504 of the Rehabilitation Act of 1973.

1. Section 102 of the Americans with Disabilities Act:

   "No covered entity shall discriminate against a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment."

2. Section 504 of the Rehabilitation Act:

   "No otherwise qualified, handicapped individual in the United States shall solely by reason of handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance."

   The University is dedicated to providing reasonable accommodations to ensure equal access to employment and advancement opportunities for individuals with disabilities. In some cases, it may be necessary to request verification of disability from an appropriately credentialed health care professional in order to determine an appropriate accommodation. Some University positions may contain specific requirements which will be reviewed on a case-by-case basis in determining whether an otherwise qualified individual with a disability can perform the essential functions of the position. Employment requirements defined as essential functions of positions are not regarded as discriminatory.

1. Definition: Persons with Disabilities

   The ADA broadly defines a covered disability in three different ways in terms almost identical to current federal law under the Rehabilitation Act. Specifically, an individual has a covered disability if the individual either:

   1. "has a physical or mental impairment that substantially limits one or more major life activities of such individual"; or
   2. "has a record of such an impairment"; or
   3. "[is] regarded as having such impairment."
   4. "(is) known to have a relationship or association with an individual with a disability."

2. Identification - Individuals may request an accommodation by completing and submitting the ADA Reasonable Accommodation Request Form to the ADA Coordinator.

   The University uses a reasonable approach in the identification of individuals with qualifying disabilities. Individuals requesting an accommodation may self-identify as having a disability at the time of hire or at any time during their employment.

3. Applicants

   Applicants for University positions may request accommodation in the application and selection process by contacting Human Resources.

4. Disability Documentation

   1. Eligibility : A qualified individual with a disability may be requested to provide documentation of the disability in order to receive necessary employment modification and/or reasonable accommodation. Documentation must substantiate limitation(s) to major life activity.
   2. Documentation of a qualifying disability may include, but not be limited to, a diagnosis by a qualified health care professional, a prognosis of the condition, the functional limitations imposed by a disability and recommendations for accommodations to enable the otherwise qualified employee to perform the essential functions of employment.
   3. Medical information is maintained in the Office of Human Resources in a separate and secured file. Information regarding a disability will be released only on a need-to-know basis unless the employee signs a release of information form.

5. Filing a Complaint

   Individuals wishing to file a complaint may do so by visiting the ADA Complaint Form and emailing the ADA Coordinator.

1. The University has an obligation to provide "reasonable accommodations" to applicants or employees with qualifying disabilities unless doing so creates an "undue hardship" for the University.

2. When an employee requests an accommodation, the supervisor shall contact the ADA Coordinator immediately. If the requested accommodation is based on an obvious disability, the department may provide the appropriate accommodation and notify the ADA Coordinator.

   1. The employer is entitled to know that the employee has a qualifying disability for which a reasonable accommodation is needed. The ADA Coordinator may request and review supporting documentation. After assessment and consultation with the supervisor, the ADA Coordinator shall determine the appropriateness and if approved, will make a recommendation for accommodations. The department official or other appointing authority shall be responsible for implementing the approved accommodation as speedily as possible but in no case longer than 30 days unless extenuating circumstances prevail.
   2. Any delay in provision of reasonable accommodation shall be explained to ADA Coordinator which retains authority to authorize any extension of time for implementing the accommodation. The cost of accommodation, if any, shall be borne by a fund established for this purpose. The University shall be responsible for ensuring that the accommodation provided is an effective accommodation.
3. Accommodation requests denied by the ADA Coordinator can be appealed to the ADA Committee.

It is the policy of Lander University in compliance with the provisions of the Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973 to provide reasonable accommodations to meet the academic needs of students with disabilities.

The Disability Coordinator for Students is authorized by the President of Lander University to prescribe such accommodations. Failure to honor an institutional reasonable accommodation authorized by this office is a violation of university policy and federal regulation and may result in disciplinary proceedings and sanctions as provided.

Human Resources
Office of Human Resources
511 Willson Street
Phone: 864-388-8310

• Oversight of compliance responsibilities for ADA/504 including developing, adopting, and assuring dissemination of policy to faculty, staff, and the public.
• Coordination of requests for accommodations from individuals and employees with qualifying disabilities as defined by the Americans with Disabilities Act.