American with Disabilities Act

1990 Civil Right Legislation

The American with Disabilities Act (ADA) is a civil rights law that prohibits discrimination against people with disabilities.  The ADA has placed a number of obligations on all post-secondary institutions to provide reasonable accommodation so that an individual with a disability can have equal access to university programs, services or facilities except where doing so would result in a fundamental alteration in the nature of the program or in undue financial or administrative burdens or both.

"Person with a disability" means "any person who; 1) has a physical or mental impairment which substantially limits one or more major life activities [including walking, seeing, hearing, speaking, breathing, learning and working], 2) has a record of such impairment or 3) is regarded as having such an impairment."

Disabilities covered by legislation include (but are not limited to) AIDS, cancer, cerebral palsy, diabetes, epilepsy, head injuries, hearing impairments, specific learning disabilities, loss of limbs, multiple sclerosis, muscular dystrophy, psychiatric disorders, speech impairments, spinal cord injuries, visual impairments and sleep disorders.

Some requirements of applicable federal and state laws are provided below:

TITLE II of the ADA prohibits the university from excluding qualified, individuals with disabilities from participating in or being denied the benefits of the services, programs or activities provided by the university.  The university is required to do the following to enable individuals with disabilities, who meet eligibility requirements, to receive services or participate in programs or activities: make reasonable modification of facilities, programs, practices or services; remove architectural, communication or transportation barriers; or provide auxiliary aids and services.

"Qualified" with respect to post-secondary educational services, means "a person who meets the academic and technical standards requisite to admission or participation in the education program or activity."

SECTION 504 of the REHABILITATION ACT of 1973 also prohibits the university from discriminating against or excluding qualified individuals with disabilities, solely because of a disability, from its programs and activities.  The act prohibits discrimination in employment and sets rules for programs and facility accessibility for individuals with disabilities.