ADA FAQs
Accommodations for Students
Applying for Reasonable Accommodations
Challenging an Accommodation Decision
Protections, Reports and Complaints
Are you an employee with questions about Reasonable Workplace Accommodations? Review FAQs for Employees.
Disability Definitions
What does it mean for a student to have a disability?
A student with a disability has a physical or mental impairment which substantially limits one or more major life activities, has a "record of" such an impairment or is regarded as having such an impairment.
What is a substantial limitation?
An impairment or restriction where a student cannot perform one or more major life activities, or is hindered as to the condition, manner, or duration that they can perform one or more major life activities as compared to the average student in the general performance of the affected activity.
What types of major life activities might be impacted by a disability?
Activities may include, but are not limited to, caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, working, eating, sleeping, standing, lifting, bending, reading, concentrating, thinking, and communicating, or the operation of a major bodily function (including, but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine and reproductive functions).
Applying for Reasonable Accommodations
How does a student request reasonable accommodations for the educational setting?
The student accommodation process is managed by the Justin Dart, Jr., Student Accessibility Center which provides information about the registration process on their website. You can also contact their office for more information by email JDCenter@central.uh.edu or phone at (713) 743-5400. On campus, they are Building 568 located at 4369 Cougar Village Dr., Room 100, Houston, Texas 77204-3022.
Are reasonable accommodations limited to the classroom?
No, accommodations are not limited to the classroom. For example, you can request reasonable accommodations for campus housing, meal plans, and other educational programs and events.
Are there limits to accommodations in the educational setting?
Yes. For example, reasonable accommodations for students with disabilities are designed to provide equal access in a manner that does not compromise essential elements of academic programs.
How to Challenge an Accommodation Decision
Link to Request Reconsideration of an Accommodation Decision (deadline is five business days after accommodation decision).
*Faculty are required to attempt consultation with the Disability Services Office prior to submitting a Request for Reconsideration.
What if a faculty member does not agree with a student accommodation decision?
Disability Services offices issue formal notices of accommodation decisions once a student activates their accommodation plan. A faculty member has five business days to determine if they will officially request Reconsideration. During that time, they are required to attempt to consult with the Dart Center. During consultation, the Dart Center may be able to address the faculty questions and concerns.
Once a faculty member officially requests Reconsideration, the Disability Services office has five business days to reconsider the accommodations for that course. During Reconsideration, the original accommodation decision remains in place, and the accommodations should be provided for the student. If the faculty member still disagrees with the decision once Reconsideration process is complete, they may appeal the decision under the Accommodation Policy.
What if a student does not agree with a student accommodation decision?
A student has five business days to request Reconsideration once they receive an accommodation decision. If the student still disagrees with the decision once a Reconsideration process is complete, they may appeal the decision under the Student Academic Accommodation Policy.
Students have up to 180 days after the accommodation decision to also file a formal complaint under the Anti-Discrimination Policy. More details about the complaint option are included below.
Are there options to appeal the accommodation decision?
Yes. Both faculty and students have the option to appeal an accommodation decision. However, the Reconsideration process is required as a first step before any appeal of an approved accommodation plan.
Protections for Students in the Accommodation Process
What are anti-discrimination protections for students seeking accommodation?
UH System policies prohibit discrimination, harassment and retaliation based on disability status. Discrimination includes failing to provide reasonable accommodation to a qualified student with a documented disability, a pregnancy or a pregnancy-related medical condition.
Who is protected against discrimination under the ADA?
Generally, discrimination is prohibited against "qualified individuals with disabilities." The ADA defines 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. Pregnancy status is also protected under the Anti-Discrimination Policy.
Can a student file an internal complaint for harassment, retaliation or failure to reasonably accommodate?
Yes, a student may file a complaint for discrimination (including failure to provide reasonable accommodation) under the UH System Anti-Discrimination Policy within 180 days of the notice of the decision or discriminatory treatment. A student may submit a report of concern to EOS, as well as file a formal complaint with EOS for review under the Anti-Discrimination Policy.
Accommodations for Employees
Scope and Definitions
Who is protected against employment discrimination under the ADA?
Employment discrimination is prohibited against "qualified individuals with disabilities." The ADA defines 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. Persons with a known association or relationship with a disabled individual are also protected from workplace discrimination.
Who is a qualified person with a disability?
A qualified individual with a disability is a person who meets legitimate skill, experience, education and other requirements of an employment position that they hold or seek, and who can perform the "essential functions" of the position with or without reasonable accommodation. Requiring the ability to perform "essential" functions assures that an individual will not be considered unqualified simply because of inability to perform marginal or incidental job functions. If the individual is qualified to perform essential job functions except for limitations caused by a disability, the employer must consider whether the individual could perform these functions with a reasonable accommodation.
What does it mean to be substantially limiting?
According to the EEOC, an impairment “substantially limits” a major life activity if the person is either:
- unable to perform a major life activity that the average person in the general public can perform, or
- is significantly restricted as to the condition, manner, or duration under which they perform the activity as compared to the condition, manner, or duration under which the average person in the general public performs the activity.
The determination of whether an impairment substantially limits a major life activity must be made without regard to mitigating measures, including but not limited to: medication, prosthetics, hearing devices, or mobility devices.
What are major life activities?
Major life activities are activities that are fundamental to life and that the average person can perform with little or no difficulty, including but not limited to: caring for oneself, walking, talking, breathing, sitting, lifting, seeing, performing manual tasks, reaching, learning, speaking, working, standing, etc.
Major life activities also include the operation of a major bodily function including but not limited to: normal cell growth, as well as functions of the immune, neurological, and endocrine systems.
In order to be covered under the ADA, the person must have an impairment that significantly limits one or more of these major life activities. The examples listed above are not exhaustive.
What are essential functions?
Essential functions are tasks that are fundamental and not marginal to the performance of the position or to satisfaction of educational requirements.
What is a reasonable accommodation?
A reasonable accommodation is a modification or adjustment to a job, learning process, or the work environment that enables an otherwise qualified applicant or employee to perform the essential functions of his or her job. It is the employee’s responsibility to request the accommodation and to supply the proper medical documentation supporting the need for such modification.
How to Apply
As an employee, how do I request a reasonable accommodation?
If you are an employee having difficulties performing the essential functions of your job due to a medical condition, contact EOS. Submit an official request using the instructions on the Request an Accommodation page. EOS will work interactively with you and your supervisor to determine whether reasonable accommodation is warranted and, if so, what the reasonable accommodation(s) should entail.
Will I need to submit a supporting medical record?
Many requestors will need to submit a supporting medical record. Some individuals have disability status that is obvious or apparent even to a lay observer. Documentation of a disability will be required when a disability and/or need for a workplace accommodation is not obvious. Medical providers may also provide recommendations for possible workplace accommodation or physical restrictions and timeframes. EOS provides employees with a blank medical form in order to help medical providers explain the employee's condition, which the provider completes and returns to EOS.
Appeals and Complaints
What if I do not agree with my approved workplace accommodation(s)?
EOS will send the employee notice of the accommodation decision. If you have a concern about your accommodation plan, you have the option to appeal the plan as explained above and in the Policy.
Employees may appeal an ADA accommodation decision within ten (10) working days of the date the employee is sent the accommodation decision.
If you have a change of condition and need to request to modify your accommodation plan, you may submit a written request to modify the plan along with updated medical records as applicable.
Can I file a complaint internally for disability-based discrimination?
If you have concern for discrimination on the basis of a disability due to other workplace treatment, or retaliation after you requested an accommodation, you may report the concern to EOS and submit a formal complaint within 180 days of the negative treatment.
