Disability Discrimination

Title I of the Americans with Disabilities Act of 1990 (ADA) prohibits employers from discriminating against individuals - in hiring, firing, and other terms and conditions of employment - because of a disability. An employer is required to make a reasonable accommodation to the known disability of a qualified applicant or employee if it would not impose an "undue hardship" on the operation of the employer's business. "Undue hardship" is defined as an action requiring significant difficulty or expense when considered in light of factors such as an employer's size, financial resources, and the nature and structure of its operation. This form of discrimination may be inadvertent or intentional, and it can be obvious or subtle; regardless, it is unacceptable at Appalachian and, in many cases, it is against the law.

Title II of the ADA and Section 504 of the Rehabiliation Act of 1973 prohibit discrimination on the basis of disability in access to and participation in the university's programs, events and activities.

Definitions of Disability:

The North Carolina Office of State Personnel and the EEOC both define an individual with a disability as a person who " has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment."

Examples of disability discrimination may include:

An employee is not granted a career opportunity because of her disability.
A supervisor refuses to alter a work station for an employee to accommodate his disability even when the alteration would not impose an undue hardship on the department or unit.
A qualified candidate is not offered a job because he/she cannot perform a non-essential function of a particular job.
A professor demeans and ridicules a student because of her learning disability.

It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on disability or for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under ADA or the Rehabilitation Act..

ASU Policies and Procedures Related to Disability Discrimination