Frequently Asked Questions (FAQs) for Employees

According to the Americans with Disabilities Act, a disability is a physical or mental impairment that substantially limits one or more major life activities. Major life activities related to education include, but are not limited to: walking, sleeping, eating, learning, reading, writing, processing, hearing, etc. 

Reasonable accommodation is a modification or an adjustment to a job or the work environment that will enable a qualified applicant or employee with a disability to participate in the application process or to perform essential job functions. Reasonable accommodation also includes adjustments to assure that a qualified individual with a disability has rights and privileges in employment equal to those of nondisabled employees. 

A qualified individual with a disability is a person who meets legitimate skill, experience, education, or other requirements of an employment position that he or she holds or seeks, and who can perform the “essential functions” of the position with or without reasonable accommodation. Requiring the ability to perform “essential” functions assures that an individual will not be considered unqualified simply because of inability to perform marginal or incidental job functions. If the individual is qualified to perform essential job functions except for limitations caused by a disability, the employer must consider whether the individual could perform these functions with a reasonable accommodation. If a written job description has been prepared in advance of advertising or interviewing applicants for a job, this will be considered as evidence, although not necessarily conclusive evidence, of the essential functions of the job. 

The University is only required to accommodate a “known” disability of a qualified applicant or employee. The requirement will generally be triggered by a request from an individual with a disability, who may also be able to suggest an appropriate accommodation. Accommodations must be made on an individual basis, because the nature and extent of a disabling condition and the requirements of a job will vary in each case. If the individual does not request an accommodation, the University is not obligated to provide one except where an individual’s known disability impairs the ability to know of, or effectively communicate a need for, an accommodation that is obvious to the employer. If a person with a disability request, but cannot suggest, an appropriate accommodation, the employer and the individual should work together to identify one. There are also public and private resources that can provide free assistance. 

No, the University is under no obligation to provide the accommodation that you want. It is only obligated to provide a reasonable accommodation if one is available.  

In addition to information shared by the individual with a disability, supplemental details/documentation from a health care provider may be needed to assist the University in understanding an individual’s condition, impact or limitations, and/or specific barriers present in the academic or workplace environment. 

Disability-related information is to be treated as private. For example, University faculty and staff do not have a right or a need to access diagnostic or other information regarding the disability of an employee, applicant, or student. They only need to know what barrier exists or what accommodations are necessary or appropriate to meet the individual’s disability-related needs. All disability-related information must be filed with the appropriate offices and kept separate from any other personnel files. 

No, you do not have to disclose a disability unless you require an accommodation to perform your job responsibilities. If you initially decide not to disclose a disability and then reconsider for any reason, including a worsened condition, you may notify the University at that time. If you choose not to disclose your condition, the University will not be aware of any possible accommodations that might be needed. 

Determining appropriate accommodations are always made on a case-by-case basis. The main test is that of effectiveness; that is, whether the accommodation will provide an opportunity for a person with a disability to achieve the same level of performance and to enjoy benefits equal to those of an average similarly situated person without a disability. The accommodation cannot fundamentally alter an essential element or program requirement or create an undue hardship. Accommodations do not include the provision of services of a personal nature (e.g., tutoring, personal care attendant). Reasonable accommodations are intended to even the playing field. Individuals with disabilities are not entitled to greater access or benefits than a similarly situated individual without a disability. 

The individual with a disability requiring the accommodation must be otherwise qualified, and the disability must be known to the employer. In addition, an employer is not required to make an accommodation if it would impose an “undue hardship” on the operation of the employer’s business. “Undue hardship” is defined as an “action requiring significant difficulty or expense” when considered in light of a number of factors. These factors include the nature and cost of the accommodation in relation to the size, resources, nature, and structure of the employer’s operation. Undue hardship is determined on a case-by-case basis. Where the facility making the accommodation is part of a larger entity, the structure and overall resources of the larger organization would be considered, as well as the financial and administrative relationship of the facility to the larger organization. In general, a larger employer with greater resources would be expected to make accommodations requiring greater effort or expense than would be required of a smaller employer with fewer resources. 

If a particular accommodation would be an undue hardship, the employer must try to identify another accommodation that will not pose such a hardship. Also, if the cost of an accommodation would impose an undue hardship on the employer, the individual with a disability should be given the option of paying that portion of the cost which would constitute an undue hardship or providing the accommodation. 

You have the right to make that choice. If you do not want to go through the accommodation process, you do not have to. 

Managers or supervisors should immediately forward all requests for accommodations due to a disability to the Equal Opportunity Officer in the Division of Human Resources. 

The ADA does not set a specific time frame within which reasonable accommodations must be provided; however, accommodations must be provided without undue delay. The amount of time necessary to provide an accommodation may depend on factors such as the nature of the accommodation, the complexity of the decision-making process (e.g., whether a disability is obvious or must be determined by reviewing medical documentation), and the difficulty of providing the accommodation (e.g., whether it involves a simple modification of a policy or the acquisition of equipment). Accommodations are only implemented at the point of request moving forward and cannot be applied retroactively. 

 As a recipient of federal funds, the University is required to provide a voluntary survey of disability status to allow all employees an opportunity to self-identify as an individual with a disability. Responses to the survey are kept confidential. 

Please have the individual with the disability complete and submit the Visitor Disability Accommodation Request Form. 

If a student, employee, patient, visitor, or member of the public identifies an accessibility barrier, they can access the Accessibility Feedback Form or contact Sheena J. Cobrand, Associate Vice Chancellor/Deputy General Counsel and Compliance Officer at 336-285-3088 or email compliance@ncat.edu.