Office of the General Counsel

Equal Employment Opportunity

Americans with Disabilities Act of 1990 (ADA)
42 U.S.C. §§ 12101-12213, 47 U.S.C. §§ 225 and 611;
29 C.F.R. Part 1602.1 et seq., 1630.1 et seq., 1640.1 and 1641.1;
56 Fed. Reg. 35,726-35,756 (July 26, 1991)

The Law: Title I of the ADA prohibits employment discrimination against a qualified individual with a disability. The law requires that reasonable accommodations be made to allow the employee to perform the essential functions of the job, or to assist the employee in the application process if necessary. The ADA contains strict confidentiality requirements for medical information related to employee's disabilities. The law also contains requirements for elimination of physical barriers to access. See also the Architectural Barriers Act of 1968, 42 U.S.C. § 4151 et seq., which governs requirements for handicap access to buildings constructed, altered or leased with federal funds. The Uniform Accessibility Standards (UFAS) are found at 41 C.F.R. Part 101-19.6.

Recordkeeping: Institutions of higher education are required to preserve any personnel or employment record for a period of two years from the date of the making of the personnel action or record involved, whichever is later. See 29 C.F.R. § 1602.49. An institution is required to keep certain adverse impact data for two years after elimination of the adverse impact. See 46 C.F.R. § 60-3.

Notification: Notification to employees and applicants of the ADA policy is required.

Grievance Procedure: While this provision technically falls under 29 U.S.C. § 794, note that any recipient of federal financial assistance that employs 15 or more persons shall designate at least one person to coordinate its efforts to comply with the Rehabilitation Act of 1973, and shall adopt grievance procedures that incorporate appropriate due process procedures and that provide for the prompt and equitable resolution of complaints. This provision is included here under ADA because these two laws have become intertwined in the minds of many. See 34 C.F.R. § 104.7. Note, however, that grievance procedures need not be established with respect to complaints from applicants for employment.

Source CU

Last Modified: 10/31/06 at 12:18:17 PM