Disability Accommodations FAQ
Frequently Asked Questions
Am I required to disclose a disability?
You are not required to disclose a disability. However, you will need to so
if you plan to request a reasonable accommodation under the ADAA. Please
remember that disclosing alone is not the same thing as requesting an
accommodation. For employees who do disclose, this will trigger an interactive
dialog between you, EOO, your supervisor, and if appropriate, your health care
provider.
Whom do I contact to disclose a disability?
Staff, faculty, and applicants: Please contact the Equal
Opportunity and Outreach staff located in room C4, in the lower level of Cumnock
Hall, UMass Lowell North (Find Your
Associate [pdf]). Also you may call the main phone number, 978-934-3565.
Students: Student Disability Services, Cumock Hall, Room C6, UMass
Lowell North Telephone: 978-934-4574
Counseling Services, a resource available for students with
and without disabilities, is located at McGauvren Student Union Building - UMass
Lowell South Telephone: 978-934-4331
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What is the legal definition of a person with a disability?
The legal definition has three parts:
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An individual has an impairment that substantially limits a major life
activity.
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Has a record of a disability, for example, one now in remission.
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Is an individual who is treated or viewed as though he or she is
disabled.
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An individual closely associated to an indivdiual with a disability, for
example, a relative.
Another key aspect of the law is the definition of “substantially limiting
effect.” Essentially this means that one or a number of major life activities,
including bodily functions, are affected by the disability. An individual's
impairment must substantially limit one or more major life activities that an
average person can perform with little or no difficulty.
Examples include: 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, include functions of the immune system;
normal cell growth; and digestive, bowel, bladder, neurological, brain,
respiratory, circulatory, endocrine, and reproductive functions.
This list does not include all possible effects that may result from a
variety of disabling conditions.
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How is a disability established under the ADAA?
- Determining the existence of a disability
Some disabilities are visible
and clearly permanent. These individuals do not need to provide further
documentation of a disability when requesting an accommodation. For others, a
healthcare provider should indicate the nature of the disability to EOO,
referring to the major life activities discussed above. Supervisors and faculty
members should not attempt to determine whether an individual has a disability.
Please contact EOO.
- Determining an appropriate accommodation
The healthcare provider
determines whether the individual needs an accommodation to perform the key
functions of a position. Supervisors should not attempt to determine whether an
accommodation is needed or what accommodations are appropriate. Instead, all
inquiries should be made as follows:
Faculty, staff, and applicants for employment: Equal Opportunity
and Outreach, Cumnock Hall, Room C-4, UMass Lowell North, 978-934-3565
Students: Student Disability Services, Cumnock Hall, Room C6, UMass
Lowell North, 978-934-4574
EOO or Student Disability Services will begin an interactive dialog
with the employee requesting an accommodation, the supervisor, and the
healthcare provider as appropriate.
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Can a person who has a family member with a disability be
protected under the ADAA?
In some instances, yes. The ADAA protections extend to people who do
not have disabilities themselves but are discriminated against on the basis of
their association with a person with a disability. The association may be with
family members, friends, or any other person. A person who experiences
discrimination based on such an association has a right to protection under the
ADA, but is not entitled to reasonable accommodation.
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As a faculty or staff member, how do I request a reasonable
accommodation?
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Make an appointment with EOO staff, 978-934-3563, Cumnock Hall, Room C4,
UMass Lowell North, for explanation of the process and to receive documentation
for your health care provider.
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Inform your health care provider that you have made a request for an
accommodation at work.
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If EOO requests further information, ask your health care provider to
complete the documentation you receive from EOO staff.
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Health care provider sends material directly to EOO.
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EOO reviews documentation.
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For classroom assignment accommodation requests, EOO contacts the
Registrar's Office. For other requests, EOO contacts the supervisor to discuss
feasibility. EOO does not divulge details about the disabling condition to
supervisor.
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If the request is feasible, EOO will work with the supervisor as
appropriate in the implementation of the accommodation or a reasonable
substitute that accomplishes the same result: allowing the employee to fulfill
the essential functions of the job.
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Can a request be denied even if the health care provider verifies that the
disability has a substantially limiting effect on a major life
activity?
Feasibility of a request will be carefully considered. However, this
does not mean that the University can deny a request merely because the
accommodation poses a minor inconvenience. EOO will advise supervisors, deans,
chairs and the Registrar's Office about this important distinction.
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What are essential functions?
Essential functions are the aspects of the job that are so fundamental
that, if removed, would change substantially change the nature and function of
the job.
What are some additional examples of reasonable accommodation?
Modifications to:
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The job application process.
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The way the job is performed.
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Working hours/work shift.
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Assistive technology.
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Work location.
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