- Section VI - 1.00(B) UMB ADA POLICY ON EMPLOYMENT
VI - 1.00(B) - UMB ADA POLICY ON EMPLOYMENT
June 30, 1998; Revised October 17, 2010; Revised February 18, 2014
I. Policy Statement
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), the Americans with Disabilities Act Amendments Act of 2008 (ADAAA), and Section 504 of the Rehabilitation Act of 1973. This policy applies to all University faculty, staff, and applicants for employment. Retaliation against an individual with a disability for utilizing this policy is prohibited.
II. Terms and Definitions
A. Disability. With respect to an individual, a disability means:
1. A physical or mental impairment that substantially limits one or more major life activities of such individual;
- Physical or Mental Impairment:
- 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: An impairment is substantially limiting if it prohibits or significantly restricts an individual's ability to perform a major life activity as compared to the ability of the average person in the general population to perform the same activity. The determination of whether an impairment substantially limits a major life activity depends on the nature and severity of the impairment, the duration or expected duration of the impairment, and the permanent or long-term impact of the impairment;
- Major Life Activities:
- In general, 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;
- Major life activities also include the operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions;
2. a record of such an impairment;
- Includes a person with a history of, or who has been classified as having, a mental or physical impairment that substantially limits one or more major life activities;
3. being regarded as having such an impairment;
- When an individual establishes that he or she has been subjected to an action prohibited under applicable laws because of an actual or perceived physical or mental impairment whether or not the impairment substantially limits or is perceived to substantially limit a major life activity; or, has an impairment that is episodic or in remission if it substantially limits a major life activity when it is active.
When determining if a condition is a disability, the University will not take into consideration any "mitigating measures" such as prescription drugs, medical equipment, prosthetics, or other remedies, beyond ordinary eyeglasses or contact lenses.
B. Qualified Individual with a Disability. An employee or applicant for employment who, with or without a reasonable accommodation can perform the essential functions of the position.
C. Reasonable Accommodation. A modification or adjustment to a position, an employment practice, or the work environment that makes it possible for a qualified individual with a disability to perform the essential functions of the position. Reasonable accommodations may include, but are not limited to:
- Making existing facilities readily accessible to and usable by persons with disabilities;
- Job restructuring, modifying work schedules, reassignment to a vacant position; or
- Acquiring or modifying equipment or devices, adjusting or modifying examinations, training materials, or policies, and providing qualified readers or interpreters.
The University is not obligated to and will not provide personal use items needed in accomplishing daily activities (i.e. eyeglasses, hearing aids, prosthetic limbs, or a wheelchair).
D. Essential Job Function. The fundamental duties of the position or the primary reasons the position exists. The University does not have to eliminate an essential function from the position, nor does it have to lower quality or performance standards to make an accommodation, as long as those standards are applied uniformly to employees with or without a disability. The University does not have to create a new position to accommodate an employee.
E. Marginal Job Function. A job function that would be considered a secondary non-critical job task. Although important and necessary to the position, a marginal job function could be reassigned to others and/or performed a lesser percentage of time as occasional essential functions.
F. Undue Hardship. An accommodation or action requiring significant difficulty or expense when considered in light of factors such as the University’s size, financial resources, and the nature and structure of its operation. Undue hardship also refers to an accommodation that is unduly extensive, substantial, or disruptive, or one that would fundamentally alter the nature of the position.
- 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. Requesting a Reasonable Accommodation
- An individual 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.
- The determination of whether an employee is a qualified individual with a disability and whether a requested accommodation or any other accommodation is reasonable is made on a case-by-case basis by HRS in consultation with the appropriate manager or supervisor, after appropriate discussion with the individual 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 a 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 Associate Vice President for Human Resource Services or the Chief Operations Officer.
- Questions may be directed to HRS EEO/AA/Diversity or to Employee/Labor Relations at (410) 706-7302.
V. Violations of ADA Policy on Employment
The University seeks to resolve all complaints of violations of this policy in an informal manner.
- Complaints of violations of this policy may be made by faculty, staff, and applicants for employment with the Manager, EEO/AAP/Diversity, Human Resource Services, 620 West Lexington Street, 3rd Floor, Baltimore, MD 21201, (410) 706-7302. The University encourages that such complaints be filed on an informal basis to allow opportunities for productive resolution.
- Nonexempt and exempt staff may also allege violations of this policy through the University grievance process in USM Policy VII-8.00 (at http://www.usmd.edu/regents/bylaws/SectionVII/VII800.html) and UMB Guidelines (at http://cf.umaryland.edu/umpolicies/usmpolicyInfo.cfm?polid=275) within 30 calendar days of the violation involved, or within 30 calendar days of the complainant having reasonable knowledge of the violation, unless these time limits are further delimited by law. An aggrieved employee or designated representative may present the grievance using a grievance form to a representative of Employee/Labor Relations, Human Resource Services, who will attempt to resolve matters informally before enacting the formal steps of the grievance process.
- Nonexempt staff that are represented by a union may also use the negotiated grievance procedure identified in the respective Memoranda of Understanding with the University to allege violations of this policy.
- Faculty may allege violations of this policy through the University's faculty grievance procedure.
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), the Americans with Disabilities Act Amendments Act of 2008 (ADAAA), 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 the Manager, Diversity/EEO/AA, Human Resource Services,
620 W. Lexington Street, 3rd Floor, Baltimore, MD 21201, (410) 706-7302.
Current University students or applicants for student admission should refer to policies found at http://www.umaryland.edu/disability services/policies/ regarding ADA inquiries, accommodations and/or complaints