Accommodating Individuals with Disabilities

Procedure for Accommodating Individuals with Disabilities

Purpose

It is the policy of the University of Maine System to provide reasonable accommodation for qualified individuals with disabilities. Federal law, including the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 and its amendments, and the Maine Human Rights Act, establish the rights of individuals with disabilities. These laws provide that recipients of federal funds, employers, state agencies, and places of public accommodation shall make reasonable accommodations to the known physical or mental limitations of an otherwise qualified person with a disability upon request. Refusal to provide reasonable accommodation constitutes illegal disability discrimination.

Accommodation is not reasonable if it imposes an undue hardship, eliminates an essential function of a job, or fundamentally alters the nature of a service, program, activity, or an essential educational course/program objective.

Universities shall comply with all applicable federal and state laws and regulations regarding reasonable accommodations needed to provide equal opportunity to qualified individuals with disabilities. A qualified individual with a disability is a person who, with or without reasonable accommodation, can perform the essential functions of a job or meet essential program or course requirements. The University is required to make courses, programs, activities, and services that are offered at any university or off-campus university location accessible to qualified individuals with disabilities unless doing so would create an undue burden or cause a fundamental alteration of the program. The University is prohibited from discriminating in employment or education on the basis of disability. Reasonable accommodation shall be provided in a timely, cost-effective manner. The essential functions of a job or essential requirements of an academic course or program need not be modified to accommodate an individual with a disability.

University faculty and staff have a responsibility for responding to the needs of individuals with disabilities. The attitude and responsiveness of faculty and staff with whom individuals with disabilities interact often determine, even more than physical barriers, the degree of access an individual feels they have to university programs, services, and employment. The actions of faculty, staff, and supervisors in responding to accommodation requests are also important as a part of the University’s compliance with applicable laws.

Definitions

Individual with a Disability

The Americans with Disabilities Act and its amendments defines an individual with a disability as any person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such impairment or a person who is perceived by others as having such an impairment.

Major life activities include, but are not limited to: caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working;

Or as defined by Maine State Law:

• Significantly impairs physical or mental health for six months or more; or
• Requires special education, vocational rehabilitation, or related services; or
• Is on a list of health conditions established by Maine Law.

Qualified Individual with a Disability

An individual with a disability whose experience, education and/or training enable the person, with or without reasonable accommodation, to perform the essential functions of the job or fulfill the essential requirements of an academic course or program.

Reasonable Accommodation

Any modification or adjustment to a job, the work environment, a public accommodation or program or an educational setting that will enable a qualified individual with a disability to have equal employment, participation, or educational opportunities. These modifications or adjustments may include:

making existing facilities and programs used by employees, students, or guests readily accessible to and usable by individuals with disabilities; and

for employees: for example, job restructuring, an extension of leave for a period of time, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustment or modification of training materials or policies, providing qualified readers or interpreters.

for students: for example, relocating classes, arranging for priority registration, extended time for testing, providing interpreters.

Undue Burden, Undue Hardship

Undue Burden: An action that requires significant difficulty or expense or that would fundamentally alter the nature or operation of a job or program. Determining whether accommodation is “reasonable” or would impose an undue burden or undue hardship requires judgment.

Undue Hardship: means significant difficulty or expense and focuses on the resources and circumstances in relation to the cost or difficulty of providing specific accommodation. Undue hardship refers not only to financial difficulty, but to reasonable accommodations that are unduly extensive, substantial, or disruptive, or those that would fundamentally alter the nature or operation of the job or program. The ADA Coordinator or campus disability services office will make the decision regarding the existence of any undue burden with input from the supervisor, program director or faculty member.

Factors to be considered include:

• the nature and cost of the accommodation needed in relation to the budget of the University of Maine System;
• the effect on expenses, resources, or other operations of the University.
• the overall financial resources of the University System; the number of employees of the System; the number, type, and location of its facilities;
• the impact of the accommodation on University operations, including the impact on the ability of other employees to perform their duties and the impact on the University’s ability to conduct business.

Procedure

The following procedure should be used in responding to requests for accommodation of an individual with a disability.

Each university has designated one or more staff who are responsible for providing information and services and for monitoring University compliance related to individuals with disabilities. A supervisor, administrator, staff, or faculty member should contact the appropriate University staff person when a request is received to accommodate an individual with a disability. For a list of contacts at each University, see the Disability Accommodation Resource document (Word Doc).

The designated staff can assist in a number of ways, including when:

• There are questions or concerns about services, means of accommodating someone with a disability, verification of a disability, or responsibility for responding to the needs of a person with a disability; and /or,
• Accommodation would or might alter the essential functions of a job or the essential requirements of an academic course or program.

Requests for accommodation must be initiated by an individual who needs accommodation or an authorized representative if the individual is unable to make the request.

For an employee or job applicant, a request can be made during the search process or at any time after hiring by contacting the ADA Coordinator. Additionally, supervisors or other staff can make referrals by contacting the ADA Coordinator if it becomes known that an individual may need accommodation. Employees who identify themselves as disabled veterans upon hire will receive an initial outreach by the ADA Coordinator in accordance with the Vietnam Era Veterans Readjustment Assistance Act (VEVRAA).

For a student or applicant for admission, a request can be made during the application process or at any time after admission. Please contact the appropriate student accessibility services office at your campus.

Documentation may be requested by the University to help facilitate the accommodation process and determine reasonable accommodations. Both the University and the individual are required to engage in an interactive process regarding a request for reasonable accommodation.

Once a qualified individual with a disability has made a request, the University will take steps to determine reasonable accommodation. Reasonable accommodation is best determined through an interactive process. The interactive process to determine a reasonable accommodation involves the following steps:

• The University will analyze the job, course, or program involved to determine its purpose and essential functions or requirements.
• Connect with the individual with a disability to identify the precise job-related or education-related barriers imposed by the person’s disability and how these barriers might be mitigated with reasonable accommodation.
• Involve the individual with a disability in identifying a range of potential reasonable accommodations and assessing the effectiveness each would have in enabling the individual to perform the essential functions of the position or to meet essential program or course requirements; and
• Select and implement a reasonable accommodation.
• The final responsibility for the determination of reasonable accommodation rests with the University.

Accommodation in employment or requested by guests of the University must be made through the ADA Coordinator. Academic or housing accommodation must be made through the disability services office on the respective campus.

Public Programs and Events

Departments that offer programs or events which are open to the public are strongly encouraged to invite participants with disabilities to request in advance any reasonable accommodation needed to allow them to participate. Public events and programs include, for example, non-credit courses, public lectures and cultural events, graduation, and athletic competitions. Brochures, registration forms, press releases, and posters announcing public programs and events should include a statement such as: “Any person with a disability who needs reasonable accommodations to participate in this program should contact [insert program sponsor contact] by [insert date].” The amount of lead time required must be reasonable and should be no longer than needed to arrange the accommodation. If a sponsoring department has questions about what a typical lead time is, they may contact the ADA Coordinator or the disability/accessibility services office (Word Doc) at the respective campus.

Accommodations in Employment

Anytime that non-reappointment or other adverse action involving an employee with a disability is being considered the employee should be referred to the Employee Assistance Program and reasonable accommodation should be considered if requested by the employee. If an employee’s disability is affecting the performance of marginal functions of the job and they request a reasonable accommodation, the employee should be referred to the ADA Coordinator to determine if a reasonable accommodation should be made to enable the employee to perform these functions, or the functions should be eliminated from the job.

A supervisor should never deny a request for reasonable accommodation requested by an employee but should refer the employee to the ADA Coordinator. If a disability makes an employee unable to perform essential functions of the job even after all possible reasonable accommodations have been considered, the University may consider reassignment to a vacant position if the employee is qualified for the job and the job is available within a reasonable amount of time. If the ADA Coordinator determines there is no job available for which the employee is qualified, the University may proceed with the termination or non-reappointment process.

Appeals

Appeals for employment decisions can be filed with the University of Maine System Director of Institutional Equity (formerly Equal Opportunity) online (Secure Form).

Appeals for student housing, academic or other accommodation decisions may be made by contacting the disability/accessibility office for the campus (Word Doc).

Contacts

ADA Coordinator and Deputy Title IX Coordinator

Amanda Paradis
5713 Chadbourne Hall, Room 412
Orono, ME 04469
207.581.1227
amanda.paradis1@maine.edu

University Contacts

Disability Accommodation Resources (Word Doc)

Additional Resources

• Requesting accommodations
• Filing a complaint of discrimination based on disability (Secure Form)

Adopted: 9/92, Revised: 07/2023