Policies

Americans with Disabilities Act (ADA)

Effective Date Dec 1, 2017

Applicable Employee Classes:

Reviewed Date:

Approved by:

All Florida Tech Employees

March, 2021

Dr. T. Dwayne McCay, President

Americans with Disabilities Act (ADA)

Policy

It is Florida Institute of Technology’s policy not to discriminate against qualified individuals with disabilities in regard to all employment practices and actions. It includes, but is not limited to, recruitment, the job application process, hiring, training, discharge, compensation, disciplinary actions, advancement, transfers and promotions, or other terms, conditions, and privileges of employment. Additionally, the Americans with Disabilities Act (ADA) requires employers to reasonably accommodate qualified individuals with disabilities. It is the policy of the university to comply with all federal, state, and local laws concerning the employment of persons with disabilities.

The Office of Human Resources is responsible for implementing this policy, including resolution of reasonable accommodation, safety, and undue hardship issues.

In implementing this policy, Florida Institute of Technology will be guided by the then-applicable definitions stated in the ADA or in case law construing the ADA, and applicable state and local law. In the event of any conflict between the definitions in the ADA and definitions in this policy, the legal definitions will control.

Terms Used in Compliance of the ADA

  • Disability: A physical or mental impairment that substantially limits one or more major life activity of the individual, a record of such an impairment, or being regarded as having such an impairment. 
  • “Major life activity” may include things such as caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating or working.
  • Major bodily functions may include physical or mental impairment such as any physiological disorder or condition, cosmetic disfigurement or anatomical loss affecting one or more body system, such as neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, immune, circulatory, hemic, lymphatic, skin and endocrine. Also covered are any mental or psychological disorders, such as intellectual disability organic brain syndrome, emotional or mental illness and specific learning disabilities.
  • Substantially limiting: In accordance with the ADAAA final regulations, the determination of whether an impairment substantially limits a major life activity requires an individualized assessment, and an impairment that is episodic or in remission may also meet the definition of disability if it would substantially limit a major life activity when active. Some examples of these types of impairments may include epilepsy, hypertension, asthma, diabetes, major depressive disorder, bipolar disorder, and schizophrenia. An impairment, such as cancer that is in remission but that may possibly return in a substantially limiting form, is also considered a disability under EEOC final ADAAA regulations.
  •  “Direct threat to safety” refers to a significant risk to the health or safety of others that cannot be eliminated by reasonable accommodation.
  •  A “qualified individual with a disability” refers to an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that the individual holds or has applied for.
  •  “ Reasonable accommodation” refers to any change or adjustment to a job, the work environment, or the way things customarily are done that would allow an individual with a disability to apply for a job, perform the essential job functions, or enjoy equal access to benefits available to other individuals in the workplace, and to enjoy equal employment opportunities, provided that such changes do no impose an undue hardship, eliminate essential functions of the job or create a threat regarding safety. These include, but are not limited to, job restructuring, part-time or modified work schedules, reassignment to a vacant position, equipment or furniture modifications, adjustment or modification of training materials, and adjustment or modification of policies.
  •  “Undue hardship” refers to an action requiring significant difficulty or expense by the employer. The factors to be considered in determining an undue hardship include: (1) the nature and cost of the accommodation; (2) the overall financial resources of the facility at which the reasonable accommodation is to be made; (3) the number of persons employed at that facility; (4) the effect on expenses and resources or other impact upon that facility; (5) the overall financial resources of the Company; (6) the overall number of employees and facilities; (7) the operations of the particular facility as well as the entire Company; and (8) the relationship of the particular facility to the Company. These are not all of the factors but merely examples.
  •  “Essential job function” refers to those activities of a job that are the core to performing the job in question and cannot be modified.

Procedure

Florida Institute of Technology will reasonably accommodate qualified individuals with a disability so that they can perform the essential functions of the job in question. Requests for accommodation are to be submitted to the Office of Human Resources on the Reasonable Accommodation Request form with any/all supportive documentation attached.
An individual, who can be reasonably accommodated for the job in question, without undue hardship, will be given the same consideration for that position as any other employee or applicant.

All employees are required to comply with safety standards. Applicants who pose a direct threat to the health or safety of other individuals in the workplace, which threat cannot be eliminated by reasonable accommodation, will not be hired. Current employees who pose a direct threat to the health or safety of the other individuals in the workplace will be placed on appropriate leave until an organizational decision has been made in regard to the employee’s immediate employment situation.

Americans with Disabilities Act (ADA)