Section 2 - General Policies

Policy Number: 2.3-EMPLOYMENT OF PERSONS WITH DISABILITIES

SCOPE: FACULTY AND STAFF Issued: 4/1/00

Revised: 10/01/03; 1/01/07; 8/18/16

1. Policy: Lamar University will administer all policies and practices in accordance with federal and state laws without discrimination against any qualified individual with a disability.  Lamar will provide reasonable accommodation to qualified individuals with documented disabilities that do not constitute an undue hardship to ensure equal access and equal opportunities with regard to employment, educational opportunities and Lamar’s programs and services.

The Americans with Disability Act (42 U.S.C. S 12,101 et seq.) as modified by the Americans with Disability Act Amendments Act of 2008, and Section 504 of the Rehabilitation Act (29 U.S.C. S791, et seq.) prohibit discrimination against a person with a disability in the offer or conditions of employment, and in the participation or furnishing of services.  Lamar is obligated to provide reasonable accommodations to enable qualified individuals with documented disabilities to perform a job, participate in a class, or participate in other Lamar functions.

2. Disability: A disability is a documented physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment.  An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active.  Mitigating measures taken by the individual will not be taken into consideration in determining whether the individual is substantially limited in a major life activity, except for corrective eyewear.  A temporary, non-chronic impairment of short duration is not defined as a disability.

3.  Qualified Individual with a Disability: A qualified individual with a disability is a person who:

(a) has a physical or mental impairment that substantially limits one or more major life activities;
(b) has a record of such an impairment; or
(c) is regarded as having such an impairment.

4.  Undue Hardship: An undue hardship shall conform to the definitions provided by Federal and State statutes.  In determining whether an accommodation would impose an undue hardship, factors to be considered include but are not limited to the nature and cost of the accommodation, financial considerations, the impact of the accommodation upon the nature and operation of the department, and how the request would affect the health and safety of other employees.

5. Responsibility: The University's policy on Nondiscrimination/Equal Employment Opportunity and Affirmative Action outlines the administrative responsibility for implementation of nondiscrimination as it applied to disabled and other protected class workers.

6. Requesting Accommodation: Persons with disabilities must make their need for accommodation known to their supervisor or to the Director of Human Resources. The request must be in writing including a medical certification and must identify the specific accommodation the individual is requesting relative to the disability. The University will attempt to provide reasonable accommodation for all disabilities which meet the standards established by the Americans with Disabilities Act, the Texas Workforce Commission Civil Rights Division, and the definitions established by judicial review. The University maintains the right to review the requested accommodation and determine if the request can be facilitated, if the accommodation will enable the qualified individual to attain the same level of performance or enjoy equal benefits and privileges as are available to similarly situated employees without disability, or if the request would impose an undue hardship upon the University.


 
***************************