The American's with Disabilities Act (ADA) became law in 1990. It prohibits discrimination and promotes equity, access, and the civil rights of people with disabilities.
As you read these details, perhaps you are wondering about the difference between accessibility and accommodation. Accessibility refers to the way in which items are designed. Accessibility means designing materials and websites to allow access by as many individuals as possible. Accommodation is generally reactive, providing access to one person in one context upon request.
In this section, you will learn the specifics of the ADA and how they relate to accommodations and accessibility practices on the Regis University campus.
The ADA defines disability as any person with a physical or mental impairment that "substantially limits a major life activity." This piece of legislation (passed in 1990, amended in 2008) ensures equal opportunity and "reasonable accommodation" for people with disabilities in all of the following areas:
The ADA established these broad laws, but the courts are largely responsible to giving shape to the law and enforcing it. Thus, there are variations to how the ADA is implemented at state and local levels.
For example, in some states the courts have ruled Uber a technology company that serves independent contractors (i.e., Uber drivers) and in other states the courts consider Uber a transportation company that serves riders. The designation matters because in the former instance, the technology designation means that Uber is not required to provide reasonable accommodations to people with disabilities. You can imagine the wide impact this ruling makes on people with disabilities, especially as rideshare programs continue to grow and monopolize our transportation choices.
Discrimination cases against higher education institutions, like Regis, typically evoke either these specific areas outlined by the ADA or the more general language in Section 504 of the Rehabilitation Act of 1973, which as you've learned, broadly prohibits discriminations against people with disabilities.
If an employee of Regis needs an accommodation, they contact their supervisor or Human Resources (HR). When a request for accommodation comes from an employee or their supervisor, HR sends the employee the ADA Reasonable Accommodation Request form. This form must be filled out by the employee and their doctor, and it will include what the disability is and what accommodations are best.
If a Regis student needs an accommodation, they contact Student Disability Services and University Testing (SDS/UT). They need an official diagnosis and will work with a doctor to identify appropriate accommodations. The student then works with SDS/UT to write a request of accommodation for the student's instructors. Take a moment to read through the information provided by the SDS office Student Disability Services and University Testing (SDS/UT) and re-familiarize yourself with the services offered. You may find the FAQs to be especially helpful in increasing your understanding.
In both cases, the policy at Regis University is to "make reasonable accommodation for qualified individuals with known disabilities unless doing so would result in an undue hardship to the University or cause a direct threat to health or safety." (2.8.7) The language in the faculty and student handbooks compliment the language used in ADA legislation.
It's important that we don't limit ourselves to what one has to do, based on ADA guidelines for "minimum standards of accessibility." At Regis we emphasize the spirit of ADA, meaning that we promote inclusive and disability-friendly practices across Regis. In other words, we consider how we create a welcoming environment for all our students and staff, one that celebrates differences and uses our varied experiences as opportunities to expand what we know and do in this world.
Adopting the spirit of ADA means approaching people with disabilities with respect, an openness to conversation, and a willingness to change. Oftentimes, invalidating attitudes toward disability increase the stress and uncertainty of people with disabilities. We've already discussed the negative impact of pity and paternalism, but also consider how frequently the needs of people with disabilities are perceived as inconvenient or burdensome? Or people are met with skepticism that one actually needs an accommodation? People with disabilities often lament the heavy sighs or complaints about extra time, money, or effort they receive when requesting accommodations.
In the next Part B, we'll talk more about how to incorporate the spirit of ADA into your work at Regis University.