Central Washington University -

American with Disabilities Act Common Questions

Question: What is the ADA's definition of a "person with a disability"?

Answer: A "person with a disability" is anyone with a physical or mental impairment that substantially limits one or more major life activities, such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. In addition to those people who have visible disabilities-persons who are blind, deaf, or use a wheelchair-the definition includes people with a whole range of invisible disabilities. These include psychological problems, learning disabilities, or some chronic health impairment such as epilepsy, diabetes, arthritis, cancer, cardiac problems, HIV/AIDS, and more. The definition also includes those who have a history of having a disability or are regarded as having a disability.

Question: How does the ADA affect institutions of higher education?

Answer: The ADA upholds and extends the standards for compliance set forth in Section 504 of the Rehabilitation Act of 1973 to employment practices, communications, and all policies, procedures and practices that impact on the treatment of students with disabilities. Employment issues for all institutions are covered under the portion of the law called Title I. For all activities, public institutions are covered under Title II; private institutions are covered under Title III. Because of the public attention given to the passage and implementation of the ADA, renewed attention is being focused on disability access to institutions of higher education. This focus includes the whole scope of the institution's activities, including facilities, programs, and employment.

Employment issues under the ADA

University and college personnel will be asked to make "reasonable accommodations" within the employment process to insure nondiscrimination on the basis of disability. Institutions should be prepared to accommodate persons with disabilities qualified to work in campus offices and departments in all aspects of employment including recruitment, application, hiring, benefits, promotion, evaluation, and termination.

This includes:

There may be no exclusion on the basis of disability.
There may be no discrimination through contract.
Participation should be in the most integrated setting possible.
There may be no discrimination through eligibility criteria.
Reasonable modifications in policies, practices, and procedures must be made as necessary to avoid discrimination on the basis of disability.
Modifications must be made to allow the presence/use of service animals.
There may be no discrimination through association with a person with a disability.
Surcharges to cover the costs of accommodations may not be imposed solely on persons with disabilities.
Examinations and courses must be accessible.
There may be no discrimination because of insurance constraints.
There may be no harassment or retaliation against individuals who are accessing their rights under the law or against those who assist people with disabilities in accessing their rights.

The Requirement

Colleges are required to modify policies, practices and procedures to provide those accommodations necessary to ensure equal access. This applies to all aspects of college life. Especially important are policies, practices and procedures related to access to examinations and courses.

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Reprinted from a brochure of the same title published jointly by Health Resource Center, a division of the American Council on Education, and the Association of Higher Education and Disability, AHEAD.

Contact Information

400 E. University Way
Ellensburg, WA 98926
963-1111
email: dahlberc@cwu.edu