Workplace Accommodations

What is the Americans with Disabilities Act (ADA)?

The ADA prohibits employment discrimination against "qualified individuals with disabilities". A qualified individual with a disability is one who meets the skill, experience, education, and other job-related requirements of a position held or desired, and who, with or without reasonable accommodation, can perform the essential functions of a job.

How do you qualify for ADA?

• In order to be eligible to request a reasonable accommodation under the ADA,
• The individual must be an employee of NKU;
• The accommodation must be needed in order to perform essential functions of the job;
• The reasonable accommodation requested must not place an undue hardship on NKU; and
• The reasonable accommodation must not cause a direct threat to the individual or others.

Useful Terms to Know

Reasonable Accommodation: an act that does not cause undue hardship on the operation of business (NKU)

Undue Hardship: any accommodation that is “excessively costly, extensive, substantial, or disruptive, or that would fundamentally alter the nature or operation of the business." NKU considers factors such as the nature and cost of the accommodation, and the impact on the department that provides the accommodation.

Direct Threat: a health or safety risk to the employee or others that could cause substantial harm

Disability: a physical or mental impairment that substantially limits one or more major life activity, record of such impairment, bring regarded as having such impairmentMajor life activity: including, but 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. A major life activity may also include operation of a major bodily function, including but not limited to: functions of the immune system, normal cell growth, digestive, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions

Steps to Apply for ADA

1. Complete the ADA Accommodation Request Form and return to Human Resources
2. HR will schedule a meeting with you to discuss the situation. This meeting helps HR determine if additional documentation is needed and to explain the interactive process.
3. HR will decide if you meet the eligibility requirements for an accommodation.
4. HR will work with your supervisor to identify essential functions of the job and HR will review functional limitations of the disability and the reasonableness of an accommodation. If the suggested accommodation creates undue hardship or direct threat, an alternative accommodation will be considered.
5. After discussions with the employee and other necessary parties, HR will coordinate to have the accommodation implemented.

If the Accommodation is Approved: The employee is responsible for contacting HR if the accommodation is not implemented in an effective and timely manner. HR will then take necessary steps to ensure full implementation.

If the Accommodation is Denied: HR will send the employee an email outlining why the request was denied.

Information about the Process: At any point NKU may seek advice from third party experts. All information will be kept confidential.

NKU reserves the right to recertify the qualified disability. If recertification is deemed necessary, the employee will receive written notice.

Resources:

ADA Policy