- Section VI - 1.00(B) UMB ADA POLICY ON EMPLOYMENT
VI - 1.00(B) -
(Approved by the President, June 30, 1998)
I. Purpose and Applicability
The University of Maryland, Baltimore (the "University") is firmly committed to the principles of equal access and opportunity for persons with disabilities in compliance with the Americans with Disabilities Act of 1990 ("ADA") and Section 504 of the Rehabilitation Act of 1973. This policy applies to all University faculty, staff, and applicants for employment.
II. Terms and Definitions
- Disability - A disability is:
A physical or mental impairment that substantially limits one or more of a person's major life activities.
- Physical or mental impairment means:
- any physiological disorder, condition, cosmetic disfigurement, or anatomical loss affecting one or more of the body's systems.
- any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and certain learning disabilities.
- Substantially limits means unable to perform or significantly restricted as to the manner in which a person can perform a major life activity that the average person in the general population can perform or, with respect to the major life activity of working, significantly restricted in the ability to perform either a class of jobs or a broad range of jobs in various classes as compared to the average person having comparable training, skills and abilities.
- Major life activity means functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.
- A record of having a physical or mental impairment. This would include a person with a history of, or who has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities.
- Being regarded as having a physical or mental impairment. This would include, for example, an individual who has a physical or mental impairment that the University erroneously perceives as substantially limiting one or more of that person's major life activities; an individual with an impairment that is only substantially limiting because of the attitudes of others; or an individual with no impairment who is erroneously regarded as having a substantially limiting impairment.
A. A disability does not include, among other things, current illegal use of drugs, sexual behavior disorders, or compulsive gambling.
B. Qualified individual with a disability - A person with a disability who is qualified to perform the essential functions of a job, with or without a reasonable accommodation.
C. Reasonable accommodation - A modification or adjustment to a job, working environment, program or service that will enable a qualified person with a disability to participate in the job application process, perform the essential functions of a job, and/or enjoy equal employment opportunities. Examples include, but are not limited to, making facilities used by employees readily accessible to persons with disabilities; job restructuring; modified schedules; acquisition or modification of equipment; or appropriate modification of policies. Reasonable accommodation will be determined upon specific facts and circumstances. An accommodation that would result in undue hardship is not a reasonable accommodation.
D. Essential job functions - Duties or aspects of a job that are fundamental to the job. Written job descriptions and employment advertisements are among the items considered evidence of essential job functions.
E. Undue hardship - A significant difficulty or expense that would result from an accommodation, when considered in light of: 1) the nature and cost of an accommodation; 2) the overall financial resources of the University; and 3) the impact of the accommodation on operations and the ability of other employees to perform their duties.
- The University will not discriminate on the basis of disability against a qualified person with a disability in regard to job application, recruitment, hiring, advancement, compensation, training, termination, or other terms, conditions or privileges related to employment.
- The University will make a reasonable accommodation for a qualified person with a disability to allow the performance of the essential functions of a job unless an accommodation would result in undue hardship or threaten the health and safety of the employee with a disability or other persons.
- All information pertaining to a person's disability will be kept confidential and separate from personnel files. Information regarding a person's disability will only be disclosed to pertinent faculty members and staff as necessary for purposes of first aid, emergency treatment, evacuation or evaluating a request for accommodation.
IV. Reasonable Accommodation
- A person with a disability may request a reasonable accommodation by completing a Request for Reasonable Accommodation form and submitting it to Human Resource Services ("HRS") or the appropriate supervisor with a copy to HRS. If the need for the accommodation is not obvious, a certification of disability from an appropriate health care provider as determined by the University must accompany the request. In addition, the University may require the person requesting the accommodation to be evaluated by a health care provider of the University's choice.
- Determination of whether an employee is a qualified person with a disability and whether a requested accommodation or any other accommodation is reasonable will be made on a case-by-case basis by the supervisor and/or appointing authority in consultation with HRS; after discussion as appropriate with the person requesting the accommodation.
- The University will not provide an accommodation if the accommodation would result in an undue hardship to the University, or if the employee, even with reasonable accommodation, poses a direct threat to the health or safety of the employee or other persons.
- A decision that an accommodation would result in undue hardship due to its cost must be approved by the Vice President for Administration and Finance.
- Questions and Complaints may be directed to the Employee/Labor Relations and Diversity Initiatives Division, HRS.
University classified (non exempt) and associate staff (exempt) may allege violations of this policy through the University's Policy on Grievances for Associate Staff and Classified Personnel (VII-8.00). University classified (non exempt) staff may allege violations through the University's Policy on Special Action Appeals for Classified Personnel (VII-8.10). Faculty may allege violations of this policy through their school's faculty grievance procedure, or if none exists in their school, through the University's interim faculty grievance procedure in the Faculty Handbook. However, informal complaints by faculty, classified and associate staff, other staff in categories not listed above, and applicants for employment are encouraged and may be filed with Sheila Greenwood, Manager, EEO/AAP/Diversity, Human Resource Services, 620 West Lexington Street, 3rd Floor, Baltimore, MD 21201, (410) 706-7302.
Note: Current University students or applicants for admission may direct inquiries regarding the ADA and/or accommodations to the Office of Student Affairs.
UNIVERSITY OF MARYLAND, BALTIMORE
ADA STATEMENT ON PUBLIC ACCESS
The University of Maryland, Baltimore (the "University") is firmly committed to the principles of equal access and opportunity for persons with disabilities in compliance with the Americans with Disabilities Act of 1990 ("ADA") and Section 504 of the Rehabilitation Act of 1973.
The University will not discriminate unlawfully against any person based on disability in regard to participation in any programs, services, activities or access to facilities. The University requires that reasonable accommodation be made for participation and equal access to programs, services, activities or facilities unless the accommodation would result in undue hardship or threaten the health and safety of University employees or other participants.
All notices, advertisements, announcements and publications soliciting public participation in University programs should include the following statement:
If you require special accommodations to attend or participate, please provide information about your requirements to [insert name and phone number of event contact person] or call the Maryland Relay Service number (1-800-735-2258) at least five business days in advance.
Questions or complaints by visitors or participants regarding the implementation of this statement may be directed to Sheila Greenwood, Manager, EEO/AAP/Diversity, Human Resource Services, 620 West Lexington Street, 3rd Floor, Baltimore, MD 21201, (410) 706-7302.
(Approved by President, June 30, 1998)
- Disability - A disability is: