Resources for Employees
Download a poster outlining Equal Opportunity U.S Equal Employment Opportunity Commission.
The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. It is also illegal to discriminate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.
Information for Employees:
The ADA is a non-discrimination law and the purpose of reasonable accommodations is to enable the prospective or current employee with a disability to perform a job. The University of Delaware is not required to give preferential treatment to individuals with disabilities or lessen qualification standards. The law does require that the University consider reasonable modifications regarding how qualified individuals with disabilities demonstrate their abilities and skills. The responsibility to provide reasonable accommodations falls into these three categories:
- Equal opportunity in the application process.
- Enabling workers with disabilities to perform essential job functions.
- Enabling workers with disabilities to enjoy the same benefits and privileges of employment as enjoyed by workers without disabilities.
The University of Delaware does not exclude persons with disabilities and believes that people should be treated fairly and given opportunities equal to those of others working or seeking to work here. If you need a reasonable accommodation in any aspect of the job application process, please notify the Office of Human Resources at http://www.udel.edu/hr.
Alternative classroom and office arrangements
The DSS office works with the Registrar to accommodate students and student paraprofessionals with mobility or vision related disabilities to have access to accessible classrooms and offices. Accessibility in classrooms and offices includes: room entrance accessibility; accessible equipment and furniture; speaker systems; close to board seating; etc.
The purpose of the ADA is to protect people with known disabilities from discrimination in employment and requires employers to provide reasonable accommodations. The University administration and all supervisory personnel are responsible for maintaining a work environment free of discrimination against persons with disabilities. More information about the ADA is available from: http://www.jan.wvu.edu/media/adahandbook/handbook.html.
Title 1 of the ADA protects "qualified employees with disabilities". You must meet the skill, experience, education and other job related requirements of the position you currently hold or are trying to obtain and you must be able to perform the essential functions of the position, with or without reasonable accommodations. For information about essential functions, please view: http://www.jan.wvu.edu/links/ADAtam1.html.
To have a disability you must be a person who 1) has a physical or mental impairment that substantially limits one or more major life activities, 2) has a record of a physical or mental impairment or 3) is regarded as having a physical or mental impairment that substantially limits one or more major life activities. For information about determining whether a person has a disability under the ADA, please visit http://www.jan.wvu.edu/corner/vol02iss04.htm.
If you need a reasonable accommodation to perform your job duties here are the steps you should take:
- Request an accommodation. It is your responsibility to contact the Office of Disability Support Services (DSS) to begin the process for requesting an accommodation to perform essential job functions or to receive equal benefits of employment. You may contact our office via telephone or email firstname.lastname@example.org to request an appointment.
- Initial meeting: Employees will complete an intake form and should also bring with them any supporting documentation regarding their disability. If possible, please also bring a copy of your job description. All documentation will be reviewed at this time through an interactive process with the employee. Please see the general guidelines for documentation on the DSS website to assist you in preparing for this meeting.
- Conduct a job analysis and identify accommodations: Through an interactive process with the employee, DSS and the employee’s supervisor (as needed), a job analysis of the essential aspects of the employee’s job and their ability to complete them will be conducted to determine appropriate accommodations. You should be consulted to determine what works best for you. If there are two or more effective accommodation possibilities, the employer has the right to select the accommodation that is least administratively burdensome. If your employer or supervisor needs more information, it is your obligation to obtain additional medical or vocational information. Technical assistance may be needed to determine how a particular accommodation request can be implemented. The Job Accommodation Network is a resource.
- Implement accommodations: Once reasonable accommodations have been determined, the accommodations should be implemented expeditiously. The employee and their supervisor will receive a letter outlining the individual’s accommodations. A letter will also remain on file with DSS. HR will NOT receive a copy of this letter, as your DSS file is separate from your HR file.
- Monitor accommodations. It is your responsibility to notify DSS and/or your supervisor if your accommodations are no longer working or they are no longer needed.
- Denial of reasonable accommodations. If the University denies your request for a reasonable accommodation, you must be notified in writing with the reasons for the denial. If there is a substitute accommodation presented, the reasons for denying the original request and replacing the substitute need to be outlined. An Employee who believes that he/she is being, or has been, subjected to discrimination due to his or her disability should discuss the matter with his/her supervisor/advisor, if appropriate, or directly contact the Office of Disability Support Services (DSS) for confidential support, information and possible informal resolution. More information on the University's grievance policies is available for your review. You have a right to file a complaint using the procedures below or file an EEO complaint.
If you need information about disclosure of your disability to your employer or supervisor, please view the Job Accommodation website for information. Resources on disability etiquette are available from http://www.jan.wvu.edu/links/disres.htm#Etiquette.
A resource at the University for employees who have a condition that may or may not fall under the ADA and would like information prior to meeting with the Director of the Disability Support Services Office is The University's Faculty and Staff Assistance Program. Please view the website and contact FSAP if you would like a confidential meeting. http://www.udel.edu/fsap.