Americans with Disabilities Act
The Americans with Disabilities Act (ADA) and the Rehabilitation Act of 1973 were established to provide a clear, comprehensive national mandate for the elimination of discrimination against individuals with disabilities. Specifically, Section 504 of the Rehabilitation Act of 1973 prohibits discrimination based on disability in programs receiving federal financial assistance.
What is Section 504 and the ADA of 1990?
Section 504 provides that no qualified individual with a disability should, only by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.
The Americans with Disabilities Act (ADA) of 1990 prohibits discrimination solely on the basis of disability in employment, public services, and accommodations. The person must be otherwise qualified for the program, service or job. The ADA requires the provision of reasonable effective accommodations for eligible faculty, staff, students, and visitors across WVU’s programs, activities, and services.
Obligations Under ADA
You have the right to participate in WVU programming. This means the University must:
The University follows the guidelines of the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973, GINA and current case law.
Frequently Asked Questions
What is a reasonable employment accommodation?
There are three categories of reasonable accommodations:
- Modifications or adjustments to a job application process that enable a qualified applicant with a disability to be considered for the position such qualified applicant desires; or
- Modifications or adjustments to the work environment, or to the manner or circumstances under which the position held or desired is customarily performed, that enable a qualified individual with a disability to perform the essential functions of that position; or
- Modifications or adjustments that enable a covered entity’s employee with a disability to enjoy equal benefits and privileges of employment as are enjoyed by its other similarly situated employees without disabilities."
How do I know if I am eligible for work accommodations?
To be eligible for a reasonable accommodation under the ADA, you must have an impairment that substantially limits one or more major life activities, or a record of such an impairment.
You may be referred to the ADA Coordinator to engage in the interactive process of accommodations in various manners: by self-referral, from your supervisor, or from Talent and Culture and/or Medical Management, any of whom may contact the ADA Coordinator directly.
Your medical documentation and information about your health will not be shared with your supervisor. Except for Medical Management, medical information will not be shared without your permission. Restrictions, limitations, and accommodations may be discussed with necessary supervisory staff and Talent and Culture representatives in order to implement accommodations and is only shared as a matter of business necessity. When necessary, for environmental, health and safety, and legal matters, employee accommodation information may be shared with persons who will treat such disclosed information confidentially.
How do I get accessible parking?
To obtain WVU ADA accessible parking in WVU parking areas, you must provide the ADA Coordinator (by fax to (304) 293-8279 or via .pdf to ada@mail.wvu.edu) the following documentation accompanied by a note indicating that you are requesting ADA accessible parking:
- A copy of your disability parking placard from the DMV with accompanying registration ID card
- Documentation from a medical professional indicating the disability, any restrictions and the duration of said restrictions
- Information including your worksite and requested parking area
The ADA Coordinator will review the documentation. If you have a qualified disability (temporary or permanent), you will be eligible for ADA accessible parking and the ADA Coordinator will contact the Transportation and Parking Office to communicate such.
Unfortunately, many of the WVU lots are already oversold and at capacity including ADA complaint spaces. To receive parking, you must already be a paid user of a WVU lot or purchase a parking permit. The cost of parking permits differs throughout campus and is dependent on the parking area where the disability permit is needed. There are no additional fees for accessible parking.
If parking in an area is not available, you are encouraged to obtain parking at Mountaineer Station (Area 81) and taking the PRT or the bus to your work location. Additionally, the Mountain Line Transit Authority has accessible bus service and other paid and unpaid services for WVU students and employees with WVU IDs.
What is the ADA Monitoring Program?
If you cannot perform the essential functions of your job, with or without reasonable accommodations, you may be placed in ADA Monitoring, rather than lose employment.
Download the ADA Acknowledgement of Understanding - ADA Monitoring Process
Can I bring my pet/animal on campus?
Service animals are welcome on our campuses. As part of our efforts to promote a safe learning, working, and living environment across our campuses, the Animals on Campus Policy clarifies where animals are permitted on campus and defines the roles and responsibilities of individuals who bring animals on WVU property.
The Interactive Process of Accommodations
Once your accommodation need and/or documentation of a disability has been received, the ADA Coordinator will:
- Review your documentation of a disability.
- Obtain a current job description and/or PIQ from your supervisor, or classification and compensation.
- Conduct discussions with you and your supervisor to determine whether you satisfy the requisite skill, experience, education, and other job-related requirements, and can perform the essential functions of the position, with or without reasonable accommodation
- Determine if you can or cannot meet a specific job-related duty due to the disability. Your supervisor must be able to demonstrate that the specific duty is “job-related and consistent with business necessity.”
- Engage in interactive communication with all parties to determine whether there are reasonable accommodations to enable you to perform the essential functions of the job, or to meet job-related requirements, unless the accommodation would impose an undue hardship.
- If an accommodation is appropriate and agreed upon, all parties (you, your supervisor, medical management, etc.) will be advised, and the accommodation will take effect. Emails, memos, and/or letters documenting this accommodation will be completed and distributed.
- If an accommodation is not available or reasonable, you may enter into the ADA Monitoring Program with the assistance of WVU’s Talent Strategies.
Some people will not need an accommodation. For example, if an employee has a disability with a 10 lb. lifting restriction but the position does not require lifting, they do not need an accommodation. A meeting would be held with the supervisor and the employee so that everyone understands that the job does not require lifting and the employee cannot be required to lift items over 10 lbs. The ADA Coordinator will work with the parties to provide guidance in situations like these.
If you’re visiting WVU and would like information about campus accessibility and services, please contact our ADA Coordinator at ada@mail.wvu.edu or by phone at (304) 293-4750.
In general, an accommodation is any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal opportunities.
If an employee has a disability and requires an accommodation, the employer must provide a reasonable accommodation.
An accommodation is not considered reasonable if it creates an undue burden for the employer, removes essential functions of an employee’s job, or could create a risk to health and safety.
There are three categories of reasonable accommodations:
- Modifications or adjustments to a job application process that enable a qualified applicant with a disability to be considered for the position such qualified applicant desires; or
- Modifications or adjustments to the work environment, or to the manner or circumstances under which the position held or desired is customarily performed, that enable a qualified individual with a disability to perform the essential functions of that position; or
- Modifications or adjustments that enable a covered entity’s employee with a disability to enjoy equal benefits and privileges of employment as are enjoyed by its other similarly situated employees without disabilities."
Educational accommodations for WVU students are provided by the Office of Student Accommodations. For more information, please visit their website or contact them directly by calling 304-293-6700 or emailing access2@mail.wvu.edu.
Students requesting accommodations related to pregnancy should reach out to Maggie Von Dolteren, margaret.vondolteren@mail.wvu.edu
Questions or Concerns?
Maggie Von Dolteren
Email: margaret.vondolteren@mail.wvu.edu Phone: (304) 293-5600