The Americans with Disabilities Act (ADA) prohibits discrimination against qualified individuals with disabilities on the basis of that individual's disability in, among other things, employment and the employment relationship. Discrimination is prohibited in job application procedures, hiring, promotion, transfers, discharge, layoffs, training, compensation and fringe benefits. The Director of EEO/AA has been designated as the official responsible for ADA compliance.
Consistent with Brown University's nondiscrimination policy as to employment and employees, the University reaffirms its policy under the Americans with Disabilities Act to base all of its employment decisions on an employee's qualifications to perform the essential functions of the job, as they are stated in the Job Description, with or without reasonable accommodations that do not impose an undue hardship on the University.
Guidelines
- In making employment decisions, University personnel are prohibited from discriminating against an individual on the basis of:
- A physical or mental impairment that substantially limits a major life activity taking into account any measures taken both positive and negative by the individual to mitigate or correct the limitation, or
- A record of such impairment, or
- Being regarded as having such an impairment.
- Note: The above three conditions apply only if such individuals are otherwise qualified for the position and can perform the essential functions of a job, with or without all reasonable accommodations that do not impose an undue hardship on the University.
- Applicants and employees will be evaluated as to their ability to perform the essential functions of the job as identified by Brown, taking into consideration reasonable accommodation for a person whose disability may otherwise prevent performance of all the essential functions.
Definitions
Essential Functions
At Brown, essential functions are identified in Job Descriptions. The Compensation Section of Human Resources is available to provide assistance in the development of appropriate Job Descriptions and functions.
Reasonable Accommodations
The University is committed to providing qualified individuals with a disability an opportunity to attain the same level of performance and to enjoy equal benefits and privileges of employment as are available to an average similarly-situated employee without a disability. Upon request, the University will provide qualified individuals with a disability reasonable accommodations that do not pose an undue hardship for the University in order to ensure equal opportunity in the application process; to enable performance of the essential functions of a job; and to enable an employee with a disability to enjoy equal benefits and privileges of employment.
Undue Hardship
In determining whether a requested accommodation creates an undue hardship on the University, the appropriate University personnel will consider on a case-by-case basis whether such a request is unduly costly, extensive, substantial, disruptive and/or would fundamentally alter the nature of the University's operation of its business.
Reasonable Accommodation Procedures
- Applicants or present employees who desire: reasonable accommodations to apply for a position; an opportunity to demonstrate their qualifications to perform the essential functions of a job; or an opportunity to take any job-related test, should contact the Director of EEO/AA by mail, telephone, electronic mail or TDD, at the earliest possible time in order to make arrangements for such reasonable accommodations.
- All communications regarding accommodations made with the University shall remain confidential, except as necessary to arrange or approve such accommodations, or to advise University personnel accepting the application or giving a job-related test. Such information shall not be used as criteria in making any employment decision.
