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Accommodations

Virginia Tech is committed to a policy of non-discrimination in employment and education and complies with the requirements of the Americans with Disabilities Act of 1990 (ADA) and the Rehabilitation Act of 1973, which prohibit discrimination against persons with disabilities. The university's ADA Director works closely with Human Resources, Services for Students with Disabilities Office, and other units to ensure equal opportunity for persons with disabilities in employment and education.

Some Frequently Asked Questions:

Q. Who is a "qualified individual with a disability"?

A. A qualified individual with a disability is a person who meets legitimate skill, experience, education, or other requirements of an employment position that s/he 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 with a disability 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 conclusive evidence, of the essential functions of the job.

Q. What is "reasonable accommodation"?

A. Reasonable accommodation is any modification or 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 employees without disabilities.

Q. What is the process when receiving job accommodation?

ADA Accommodation Process Flow Chart (DOC | 254KB)

Q. What are some of the accommodations applicants and employees may need?

A. Examples of reasonable accommodation include making existing facilities used by employees readily accessible to and usable by an individual with a disability; restructuring a job; modifying work schedules; acquiring or modifying equipment; providing qualified readers or interpreters; or appropriately modifying examinations, training, or other programs. Reasonable accommodation also may include reassigning a current employee to a vacant position for which the individual is qualified, if the person is unable to do the original job because of a disability even with an accommodation. However, there is no obligation to find a position for an applicant who is not qualified for the position sought. Employers are not required to lower quality or quantity standards as an accommodation; nor are they obligated to provide personal use items such as glasses or hearing aids.

The decision as to the appropriate accommodation must be based on the particular facts of each case. In selecting the particular type of reasonable accommodation to provide, the principal test is that of effectiveness, i.e., 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. However, the accommodation does not have to ensure equal results or provide exactly the same benefits.

Q. Can an employer maintain existing production/performance standards for an employee with a disability?

A. An employer can hold employees with disabilities to the same standards of production/performance as other similarly situated employees without disabilities for performing essential job functions, with or without reasonable accommodation. An employer also can hold employees with disabilities to the same standards of production/performance as other employees regarding marginal functions unless the disability affects the person's ability to perform those marginal functions. If the ability to perform marginal functions is affected by the disability, the employer must provide some type of reasonable accommodation such as job restructuring but may not exclude an individual with a disability who is satisfactorily performing a job's essential functions.

Q. Can an employer consider health and safety when deciding whether to hire an applicant or retain an employee with a disability?

A. Yes. The ADA permits employers to establish qualification standards that will exclude individuals who pose a direct threat -- i.e., a significant risk of substantial harm -- to the health or safety of the individual or of others, if that risk cannot be eliminated or reduced below the level of a "direct threat" by reasonable accommodation. However, an employer may not simply assume that a threat exists; the employer must establish through objective, medically supportable methods that there is significant risk that substantial harm could occur in the workplace. By requiring employers to make individualized judgments based on reliable medical or other objective evidence rather than on generalizations, ignorance, fear, patronizing attitudes, or stereotypes, the ADA recognizes the need to balance the interests of people with disabilities against the legitimate interests of employers in maintaining a safe workplace.

Q. How does University ADA Services address confidentiality?

A. Disability-related information is to be treated as medical information. 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 or applicant; they only need to know what accommodations are necessary or appropriate to meet the individual's disability-related needs. If an employee has requested an accommodation, the individual will be informed as to what information is being provided to the department or supervisor regarding the request. To protect confidentiality by assuring limited access, all disability-related information must be filed with appropriate offices (such as University ADA Services) and kept separate from any other files. Departments or individuals should not keep any copies of such documentation within departments or offices.

Q. As a supervisor what do I do if an employee talks to me about their medical/mental condition and that it is causing them difficulty at work.

A. A supervisor should refer the employee to ADA Services. You can refer the employee to Policy 4075. Call University ADA Services for assistance.

Q. Who pays for the accommodation?

A. The department usually pays for an employee's accommodation especially when it involves items departments normally supply--for example: due to a back injury Mary needs a different desk, chair, and keyboard to supply ergonomically conscious workspace. The department would pay for these items since they provide desks and chairs for all workers. Substantial physical or technology changes that require large costs may involve seeking additional funds with help from ADA Services.

Q. Is a transfer possible as an accommodation?

A. Job transfers or shift changes are very rare and only considered after all other options have been exhausted. Transfers are usually done in the same department/division and the employee must be qualified for the new position.

Q. How do I get access to AT devices?

A. Employees with disabilities working with University ADA Services are often referred to VT Assistive Technologies to learn about software or devices that would be helpful in the workplace. For example a faculty member with attention deficit may be trained on how to use voice input on their computer using a wireless microphone. A housekeeper with low vision may be taught how to use enlarging software, or a CCTV to read chemical labels.

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