Disability Laws & Definitions

According to the ADA disability means, a person who: 

• Has a physical or mental impairment that substantially limits one or more major life activities;
• Has a record of an impairment (such as cancer which is in remission); or
• Regarded as having an impairment (such as a person who has severe scars).

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 Bodily Functions: a major life activity also includes 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.

Examples include but are not limited to:

• Mobility disabilities such as those which require the use of a mobility device (cane, wheelchair, walker, etc.)
• Cognitive disorders (ex. learning disabilities, traumatic brain injuries, etc.)
• Attentional disorders
• Low vision or blindness
• Chronic health conditions (ie, Diabetes, Migraines, Cerebral Palsy, HIV, etc)
• Mental health conditions (ie, Post Traumatic Stress Disorder, Major Depressive Disorder, etc.)
• Deafness or hearing loss
• Pregnancy related conditions (ie; pre-eclampsia, gestational diabetes, etc.)

Meeting the definition of a disability establishes protections from discrimination based on disability status. 

Individuals with disabilities are intended to have the same opportunities as everyone else. This includes:

• employment opportunities,
• the ability to purchase goods and use services, and
• to participate in programs, services and activities.

Additionally, if appropriate and necessary individuals may also be eligible for reasonable workplace accommodations, modifications to policies and procedures, appropriate academic adjustments, auxiliary aids and services. 

The spirit and intention behind disability laws in the United States is for the full incorporation of people with disabilities in American society. Inclusivity is achieved through proactive accessibility efforts and accommodations for individuals with disabilities. 

Inclusivity ensures equal access and opportunity for participation through full and equal enjoyment and effective communication for the disabled community within:

• Employment
• Academic Courses & Programs
• Services & Activities
• Facilities/Physical Accessibility
• Websites/Online Content

With disability, it’s important to understand that there are both social and functional constructs and barriers to access. Recognizing that both social and functional constructs exist can help us better understand how and when the disabled community is often excluded. With well-written policies, universal design elements, accessibility, and accommodations, we can reach a culture of equal opportunities.

It is a general term used to describe the level of availability and usability by intended users of products, devices, services, or environments. Accessibility efforts are intended to remove barriers for persons with disabilities.

Accessibility ensures that people with disabilities are afforded the opportunity to: 

• acquire the same information
• engage in the same interactions
• enjoy the same services as those without a disability in an equally effective and equally integrated manner, with substantially equivalent ease of use

Architectural/ Physical Barriers: barriers within the built environment.

Example: Buildings which lack elevators or accessible entries.

Attitudinal Barriers: perceptions, assumptions, stereotypes, and behaviors that result in disparate treatment or discrimination against persons with disabilities. 

Example: Assuming being disabled is inferior. Considering accommodations a special favor.

Informational/Communication Barriers: inaccessible information/communication delivery which prevent those who are hard of hearing/Deaf, low vision/Blind or with learning disabilities from accessing the information. 

Example: Videos which do not include accurate closed captioning or transcriptions. Inaccessible electronic documents, websites, or forms which cannot be read by a screen reader

Organizational/Systemic Barriers: policies, procedures, or practices which systematically exclude individuals with disabilities and which may result in discrimination.

Example: Program requirements not connected to essential outcomes or requirements. Policies which do not ensure equal participation for persons with disabilities.

Technological: inaccessible devices or technological platforms which cannot be used with an assistive device.

Example: Inability for a person with a disability to play a computer game due to inaccessible technology.

Language is an integral part of how we shape our thinking and has implications for how we think about disability

There are two prevalent ways that people identify with disability in language: person-first and identity-first.

• Person First Language:the emphasis is on the person and distances the person from the disability; the person comes first, disability second.
  Example: She is a woman with autism.
• Identity First Language: the emphasis is that the disability is central to identify and one is unable to separate from the person.
  Example: She is an autistic woman

It’s important to ask people with disabilities how they would like to be described.

Avoid:

• Language that perpetuates misconceptions about disability
• Outmoded euphemisms “special needs” or “differently abled” etc. which emphasize ableism as superior
• Broad generalizations when describing individuals;
• The term “handicap” for a disability or “handicapped” for a person.;
• Words that suggest pity, such as “affiliated with,” “battling” or “suffers from” any disability or illness.

The proactive practice of providing access to information, activities, or environments in a way which is inclusive, equivalent, meaningful, and usable for as many people as possible, including people with disabilities.

Individualized changes provided reactively upon request to ensure access for an individual with a disability to fully participate. Accommodations include appropriate academic adjustments, auxiliary aids/services, modifications to policies/procedures, and reasonable workplace accommodation

Types of accommodations

• Academic adjustments: adjustments or modifications in how students participate in or complete academic courses and programs. Academic adjustments assist students in meeting essential requirements and standards, but do not change them.

  Example: Providing a student with extended test time on a timed assessment to ensure that an assessment measures knowledge and skills rather than the disability.

• Reasonable workplace accommodation: employment term to refer to modifications or adjustments to a position, an employment practice or the work environment which makes it possible for a qualified individual with a disability to perform essential job functions or enjoy equal benefits and privileges of employment.

  Examples include: Relocation to physically accessible work location or modified work schedule.

• Reasonable modifications: modifications to policies, practices, or procedures when such are necessary to avoid discrimination on the basis of disability.

  Example: Modifying the no pets aspect of the University Housing Contract to permit an assistance animal for an individual with a disability within University Housing.

• Auxiliary aids and services: ensure effective communication and include qualified sign language interpreters, notetakers; real-time captioning; closed captioning, alternate formats, accessible electronic and information technology, etc.

  Example: Providing accurate closed captioning of video content to individuals who are Deaf or hard of hearing to have access to the same information in an equally integrated manner.

A person with a disability who meets the requisite skill, experience, education and other related requirements of the program or employment position and who, with or without reasonable accommodation, can meet all the essential requirements or functions of such.

Example: Students must be able to meet University standards for behavior (ie: Code of Student Conduct) and academic achievement (ie, GPA, program requirements).

Employees must meet requirements for the position, such as education requirements.

A change that is so significant or substantial that it alters the essential nature of the position, course, program, service, or activity.

Example: Request for a waiver of an essential program requirement, such as student teaching for an education major.

The opportunity for a qualified person with a disability to participate in or benefit from educational aid, benefits, or services that is equal to and as effective as the opportunity provided to others.

Significantly restricted as to the condition, manner or duration under which an individual can perform a particular major life activity as compared to the condition, manner or duration under which the average person in the general population can perform the same major life activity.

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.