Americans with Disabilities Act (ADA) Compliance

• An anti-discrimination law for individuals with disabilities.
• A national mandate to provide access to all aspects of American life to people with disabilities.

• Employment
• Access to facilities, programs, services, activities
• Telecommunications
• Transportation
• Other miscellaneous provisions

Employment provisions of the ADA require good faith efforts by an employer and an employee who is a qualified individual with a disability to identify reasonable accommodations that permit the employee to perform the essential functions of the position.

Reasonable accommodation is a modification or adjustment to a job or work environment that permits a qualified applicant or employee with a disability to participate in the job application process, to perform the essential functions of a job, or to enjoy benefits and privileges of employment equal to those enjoyed by employees without disabilities. An employer is required to provide a reasonable accommodation to a qualified applicant or employee with a disability unless the employer can show that the accommodation would be an undue hardship—that means that providing the reasonable accommodation would result in significant difficulty or expense.

Accommodations vary depending upon the needs of the individual applicant or employee. Not all people with disabilities (or even people with the same disability) will need the same accommodation. Reasonable accommodations are determined on a case-by-case basis as part of an interactive process between the employee, the ADA Coordinator and others as necessary. Employees can initiate a request for a disability-related workplace accommodation by contacting the ADA Coordinator (AC). The AC will review such requests in accordance with the University policy and state and federal disability-related employment laws.

As an Applicant or Employee, What Are My ADA Responsibilities?

• Engage in a good faith effort with the ADA Coordinator, manager or supervisor to identify reasonable accommodations.
• Submit an accommodation request form to the ADA Coordinator.
• Follow procedures in appropriate Disability Accommodation Guidelines (PDF).
• Provide medical verification and accommodation recommendations from a treating specialist to the ADA Coordinator when needed.
  • Only the ADA Coordinators are authorized to request, receive and maintain confidential medical information and records on behalf of employees and applicants.
  • ADA confidentiality requirements apply to medical information and records for disability, Workers’ Compensation and all medical leave.
• Meet essential performance, behavior and attendance standards after reasonable accommodations are provided.
• Review accommodations periodically to ensure that they are effective.
  

As an Applicant or Employee, What Are My ADA Rights?

Applicants and employees can expect managers and supervisors to...

• Base all employment decisions on the applicant or employee’s ability to perform the essential functions of a position, with or without accommodations.
• Engage in a good faith effort with the applicant or employee to identify reasonable accommodations.
• Consult with the ADA Coordinator to make decisions and respond to accommodation requests in a timely manner.

When Should I Contact the ADA Coordinator?

• If you are unsure whether your medical condition (physical or mental) is covered under the ADA.
• If you have questions about your rights and responsibilities under the ADA.
• If you need assistance with the accommodation process.
• If you have concerns about discrimination, harassment or retaliation based on disability or the need for accommodations.

Employees may contact the ADA Coordinator at workplaceengagement@ucdenver.edu.

What Does ADA Confidentiality Mean to Me as an Applicant or Employee?

The ADA imposes higher confidentiality requirements than previous laws and restricts the degree of access to confidential medical records, histories and information. University policy, procedures and practice were developed in accordance with these higher confidentiality standards.

Confidential Medical Information

You may be required to provide confidential medical information to the ADA Coordinator that allows your employer to:

• verify a disability
• determine restrictions and accommodation recommendations related to performance of essential functions of your job
• verify the need for, timing of and length of a medical leave.

Note that information provided to managers and supervisors in support of routine use of sick leave is NOT considered a confidential medical record and may be retained by your manager or supervisor.

• Only ADA Coordinators (ACs) are authorized to request, receive and maintain confidential medical records for all employing units in their divisions.
• You may need to submit confidential medical information and documentation to the AC not to your manager or supervisor.
• Confidential medical information may not be maintained in your personnel file.
• All confidential medical information/documents are covered by the ADA regardless of the source. Information from you or a third party (such as your treating specialist, Workers’ Compensation personnel, Income Continuation Insurance personnel, physical therapists, etc.) should be provided to the AC only.
• Typically, our Income Continuation Insurance carrier sends medical documentation to the employing unit. Request that your manager or supervisor ensure this is not maintained in your personnel file and that it is forwarded to the AC.

Disability Accommodations

• You may request an accommodation informally by discussing the need for accommodation with your supervisor.
• You may request an accommodation formally by submitting your confidential Accommodation Request Form to the ADA Coordinator (AC).
• If your manager or supervisor requests confidential medical information or documentation, contact the AC.
• The AC will coordinate the decision-making process with your manager or supervisor which may include interactive discussions with you to identify reasonable accommodations.
• Your disability and accommodations are confidential; therefore, your manager or supervisor may not disclose this information to co-workers and staff.
• If you discuss your disability or accommodations with co-workers and staff, your manager or supervisor’s ability to maintain confidentiality is compromised. If you transfer, are promoted, or are reinstated to a position in a different division or agency, The AC will not forward information about your disability or any accommodations that were provided. Therefore, if you need accommodations in the new position, you need to advise your new supervisor or manager.

For clarification or additional information about confidentiality, contact the ADA Coordinator.

You may request an accommodation formally by submitting your confidential Accommodation Request Form (PDF) to the ADA Coordinator (AC).