The Americans with Disabilities Act of 1990 (ADA) makes it unlawful to discriminate in employment against qualified individuals with disabilities. In addition, the ADA requires employers to identify and document the essential functions of each position. Essential functions are the primary tasks in each position that must be performed with or without the assistance of reasonable accommodations.
At NC State, when positions are created and updated, in addition to a job description, an ADA Form must be completed and submitted for review.
Who is Protected?
To be protected under the ADA, an individual must have, have a record of, or be regarded as having a substantial impairment. A substantial impairment is one that significantly limits or restricts a major life activity such as hearing, seeing, speaking, breathing, performing manual tasks, walking, caring for oneself, learning or working. The definition of impairment is often broader than one might expect and can be inclusive of impairments such as ADHD.
It is important to note that an individual with a disability must also be qualified to perform the essential functions of the job with or without reasonable accommodation, in order to be protected by the ADA.
What is the purpose of the ADA form?
The purpose of completing the ADA form is to indicate the physical activities required in carrying out the essential functions of a position. This information is used to document the physical and mental requirements of jobs. This information is used is used in a variety of ways such as cases of worker’s compensation, evaluations of reasonable accommodation, setting the requirements for positions, ADA analysis, etc.
How are essential functions determined?
Essential functions are the basic job duties that an employee must be able to perform, with or without reasonable accommodation. The employer should carefully examine each job to determine which functions or tasks are essential to performance. These essential functions should be frequently evaluated for accuracy and any necessary updates.
What is reasonable accommodation?
Reasonable accommodation is any change or adjustment to a job or work environment that permits a qualified applicant or employee with a disability to participate in the job application process, to perform the essential functions of a job, or to enjoy benefits and privileges of employment equal to those enjoyed by employees without disabilities
It is a violation of the ADA to fail to provide reasonable accommodation to the known physical or mental limitations of a qualified individual with a disability, unless to do so would impose an undue hardship on the operation of the organization.
What does Undue Hardship mean?
Undue hardship means that the accommodation would be unduly costly, extensive, substantial or disrupted, or would fundamentally alter the nature or operation of the organization.
ADA at NC State
NC State provides equal opportunity in all of its programs, activities and services, as required by the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973 and other applicable laws that prohibit disability discrimination. The University strives for the complete inclusion of individuals with disabilities as part of our commitment to creating and maintaining an equitable and diverse community.
Partnerships exist across the University to ensure that we meet our obligations and goals. Offices such as the Disability Services Office, Human Resources, Office of Information Technology, Office for Institutional Equity and Diversity help serve employees and students who qualify for accommodations under the Americans with Disabilities Act.