Franklin & Marshall College Franklin & Marshall College

    • Old Main
    • Sign
    • Can't make it to campus?

Americans With Disabilities Act

College policy prohibits discrimination in all aspects of employment based on disability or perceived disability. In addition, federal law prohibits discrimination against qualified job applicants and employees because of a physical or mental disability, history of disability, or perceived disability.

The Americans with Disabilities Act (ADA) prohibits questions about disabilities or medical conditions during the hiring process; prohibits discrimination against a qualified applicant with a disability when making hiring decisions; and prohibits discrimination in all aspects of employment, such as when making promotion, compensation, disciplinary, or termination decisions. As noted above, employment applicants and employees who are perceived to be disabled are also protected through the ADA.

If an employee or applicant for employment requests an accommodation due to a disability, the Director or Associate Director, Human Resources is to be promptly notified.

Under the ADA, a disability is defined as a physical or mental impairment that substantially limits the individual from performing one or more "major life activities" as compared to most people in the general population. Major life activities are activities that an average person can perform with little or no difficulty. Major life activities include, but are not limited to, walking, breathing, seeing, hearing, speaking, learning, reading, communicating, concentrating, caring for oneself, sitting, standing, lifting, reading, performing manual tasks, and normal operation of bodily functions.

A person may be disabled if he or she has a history of a disability (such as cancer that is in remission).

A person may be disabled if he is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor, even if he does not have such an impairment.

An individual with a disability is considered qualified for a job when he/she can perform the essential, or primary, functions of the job with or without a reasonable accommodation(s).  All job descriptions are required to list the essential functions of the position.  Employers are required to provide a "reasonable accommodation" to a disabled employee in order to allow the employee to perform his/her job, as long as the individual is otherwise qualified for the position and providing the accommodation does not create an undue hardship for the employer. A reasonable accommodation is onewhich allows the disabled employee to perform the essential functions of his/her job and is feasible for the employer. Examples of reasonable accommodations may include providing special office equipment to accommodate a disability, assuring all work areas are accessible to the disabled employee, changing the physical layout of a work area, or modifying work hours. While the positive effects of mitigating measures may not be considered in determining disability status, mitigating measures may be taken into consideration in analyzing the need for a reasonable accommodation. For example, an individual whose disability is controlled by medication may not require an accommodation to perform his/her job.

Employers generally are not required to lower their performance standards for disabled employees, nor do they have to hire a disabled applicant who does not meet the requirements for the position even with a reasonable accommodation.

As noted above, if an employee or applicant for employment requests an accommodation due to a disability, the Director or Associate Director, Human Resources is to be promptly notified. Medical verification of an employee’s disability will be requested by Human Resources as appropriate. Human Resources will discuss with the supervisor and the employee whether a reasonable accommodation is warranted and, if so, the appropriate type of accommodation.

All information pertaining to an employee's disability is to be kept confidential. If an employee is receiving an accommodation due to a disability, the reason for the accommodation may not be communicated to co-workers.

Detailed information is available from: http://www.eeoc.gov/laws/types/disability.cfm