Americans With Disabilities Act:
Frequently Asked Questions


What is the Campus Policy on Protections for Persons with Disabilities?

The University of Michigan does not discriminate on the basis of disability in its programs, services and activities.

[Back to top]

What is the Americans with Disabilities Act?

The Americans with Disabilities Act of 1990 (ADA) is a federal anti-discrimination statute which provides civil rights protection to individuals with disabilities in the areas of employment, public accommodations, State and local government services, and telecommunications. The ADA was designed to remove barriers which prevent qualified individuals with disabilities from enjoying the same opportunities that are available to persons without disabilities. Similar protections are provided by Section 504 of the Rehabilitation Act of 1973 and by the Michigan Persons with Disabilities Civil Rights Act.

[Back to top]

What is the purpose of the ADA?

The ADA provides that no qualified individual with a disability shall, on the basis of disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of the University of Michigan.

[Back to top]

Who is "a person with a disability"?

Under the ADA, an individual with a disability is a person who has: a physical or mental impairment that substantially limits one or more major life activities; a record of such an impairment; or is regarded as having such an impairment. Temporary, non-chronic impairments that do not last for a long time and that have little or no long term impact usually are not disabilities. The determination of whether an impairment is a disability is made on a case-by-case basis.

[Back to top]

What is a “major life activity” under the law?

To be considered a person with a disability under the ADA, the impairment must substantially limit one or more major life activities. Examples of major life activities include walking, speaking, breathing, performing manual tasks, seeing, hearing, learning, caring for oneself and working.

[Back to top]

What does "qualified" mean?

To be protected by the ADA, a person must not only be an individual with a disability, but must be qualified. For University employees, a qualified individual with a disability is a person who satisfies the requisite skill, experience, education and other job-related requirements of the employment position and who, with or without a reasonable accommodation, can perform the essential functions of a position. For students, a qualified individual with a disability is a person who, with or without reasonable modifications to rules, policies or practices, the removal of architectural, communication or transportation barriers, or the provision of auxiliary aids or services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by the University.

[Back to top]

What is a reasonable accommodation?

University employees

A reasonable accommodation is any modification or adjustment to a job, an employment practice, or the work environment that makes its possible for a qualified individual with a disability to enjoy an equal employment opportunity. The University shall provide a reasonable accommodation to the known disability of a qualified applicant or employee with a disability unless the accommodation would impose an undue hardship. Examples of reasonable accommodations include, but are not limited to:

  • job restructuring
  • modified work schedules
  • obtaining or modifying equipment or devices
  • modifying examinations, training materials or policies
  • providing qualified readers and interpreters
  • making facilities readily accessible to and usable by individuals with disabilities

Students

A reasonable accommodation is a reasonable modification in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the modifications would fundamentally alter the nature of a University service, program or activity. Examples of reasonable accommodations include, but are not limited to:

  • note taking services
  • text conversion to alternative accessible formats
  • audio and video tapes
  • qualified interpreter services
  • adjusting time limits on tests
  • making facilities and/or programs readily accessible to and useable by individuals with disabilities

The University is obligated to make a reasonable accommodation only to the known disability of an otherwise qualified employee or student. In general, it is the responsibility of the employee or student to make their disability status and subsequent need for an accommodation known to the appropriate University official.

Once on notice for the need for accommodations, it is the responsibility of the University official and the individual with a disability to engage in dialogue to identify possible accommodations and assess the reasonableness and effectiveness of each potential accommodation. Determinations regarding accommodations on campus will be made on a case-by-case basis. Determining a reasonable accommodation is very fact-specific. In general, it must be tailored to address the nature of the disability and the needs of the individual within the context of the requirements of the job or the program of study. If there are two or more possible accommodations, and one costs more or is more burdensome than the other, the University will give primary consideration to the preference of the individual with a disability. However, the University may choose the less expensive or burdensome accommodation as long as it is effective.

[Back to top]

What resources are available?

  • If you are a supervisor: Requests for information or assistance regarding your responsibility as a supervisor to make a reasonable accommodation for an employee or applicant may be addressed to the Office for Institutional Equity. In addition, campus human resource representatives can consult with units on their responsibilities under the law.
  • If you are a professor or teaching assistant: The Office of Services for Students with Disabilities (SSD) has developed a manual called The Faculty Handbook which offers guidance to faculty and teaching assistants on making appropriate accommodations to students with disabilities. The guide is available from the SSD office or on the SSD homepage at: http://www.umich.edu/~sswd/
  • If you are a student with a disability: SSD also coordinates the planning and implementation of support services for students needing reasonable accommodations.
  • If you are an employee with a disability: Qualified individuals with disabilities may seek reasonable accommodations in consultation with supervisors or department heads and managers.
  • If you are an applicant for employment: You may request a reasonable accommodation during the hiring process by contacting the relevant unit or department on campus or by contacting HR/AA Recruitment &
    Career Services.

[Back to top]

What should departments do when hosting a public event?

The sponsoring department is responsible for ensuring that events are open to all members of the public.  This means conducting events in accessible locations and may mean providing sign-language interpreters, printed material in Braille, or alternative formats such as audio recordings if requested in advance.  Departments should include an accommodation statement in publications inviting participation in University-sponsored events.  The following language or something similar is suggested:

  • If you are a person with a disability who requires an accommodation to (language can be specific:  attend this performance, participate in this conference, attend this seminar, participate in this event, etc.) please contact (office name and/or phone number of event sponsor) at least (number of weeks/days depending on how much advance notice there is regarding the event) in advance of this event.  Please be aware that advance notice is necessary as some accommodations may require more time for the University to arrange.

[Back to top]

 

Service Animals and the ADA:
Service animals are defined as dogs that are individually training to do work or perform tasks for people with disabilities.  Service animals are working animals, not pets.  The work or task a dog has been trained to provide must be directly related to the person’s disability.  Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA.

When it is not obvious what service an animal provides, only limited inquiries are allowed.  Staff may ask two questions:  (1) is the dog a service animal required because of a disability, and (2) what work or task has the dog been trained to perform.  Staff cannot ask about the person’s disability, require medical documentation, require a special identification card or training documentation for the dog, or ask that the dog demonstrate its ability to perform the work or task.

[Back to top]

 

Refusing Access to a Service Animal:
Under the ADA, service animals must be harnessed, leashed, or tethered, unless these devices interfere with the service animal’s work or the individual’s disability prevents using these devices.  In that case, the individual must maintain control of the animal through voice, signal, or other effective controls.

A person with a disability cannot be asked to remove his service animal from the premises unless:  (1) the dog is out of control and the handler does not take effective action to control it or (2) the dog is not housebroken.

Allergies and fear of dogs are not valid reasons for denying access or refusing service to people using service animals.

[Back to top]


Where can I get help?

The campus-wide ADA Coordinator in the Office for Institutional Equity may be contacted to help determine which of the offices below would be helpful in a particular case, based on the circumstances and your status as a student, faculty member, or staff employee.

(Note: these links will take user to another Website)

Staff HR Services
2005 Wolverine Tower
3003 South State Street
Ann Arbor, MI 48109-1281
(734) 763-2387 (voice)
http://hr.umich.edu/staffhr/

University of Michigan - Dearborn
Counseling and Disability Services
2157 University Center
4901 Evergreen Rd, 2157 UC 
Dearborn, MI, 48128-1491
Phone:  (313) 593-5430
Fax:  (313) 593-3263
counseling@umd.umich.edu
http://www.umd.umich.edu/cs_disability/

University of Michigan - Flint
Accessibility Services
264 University Center
Flint, MI 48502 
Phone: (810) 762-3456
TTY:  (810) 766-6727
Fax:  (810) 762-3498
ztomlins@umflint.edu
http://www.umflint.edu/studentdevelopment/accessibility_services.htm

Michigan Health System Human Resources
North Campus Administrative Complex
2901 Hubbard, Suite 1100
Ann Arbor, MI 48109-2435
(734) 647-5538
http://www.med.umich.edu/umhshr/

Office for Institutional Equity
2072 Administrative Services Building
1009 Greene Street
Ann Arbor, MI 48109-1432
(734) 763-0235 (voice) 647-1388 (TTY)
http://www.umich.edu/~hraa/oie

Office of Services for Students with Disabilities
G664 Haven Hall
505 South State Street
Ann Arbor, MI 48109-1045
(734) 763-3000 (voice) 615-6921 (TTY)
http://www.umich.edu/~sswd/index.html

Council for Disability Concerns
c/o Office for Institutional Equity
2072 Administrative Services Building
1009 Greene Street
Ann Arbor, MI 48109-1432
http://hr.umich.edu/ability/

[Back to top]