Applicable Employee Classes:
All Florida Tech Employees
Reviewed Date:December 2014
Dr. T. Dwayne McCay, President
It is Florida Institute of Technology’s policy not to discriminate against qualified individuals with disabilities in regard to all employment practices and actions. It includes, but is not limited to, recruitment, the job application process, hiring, training, discharge, compensation, disciplinary actions, advancement, transfers and promotions, or other terms, conditions, and privileges of employment. Additionally, the Americans with Disabilities Act (ADA) requires employers to reasonably accommodate qualified individuals with disabilities. It is the policy of the university to comply with all federal, state, and local laws concerning the employment of persons with disabilities.
The Office of Human Resources is responsible for implementing this policy, including resolution of reasonable accommodation, safety, and undue hardship issues.
In implementing this policy, Florida Institute of Technology will be guided by the then-applicable definitions stated in the ADA or in case law construing the ADA, and applicable state and local law. In the event of any conflict between the definitions in the ADA and definitions in this policy, the legal definitions will control. The following discussion is provided for general guidance of employees and applicants in understanding the policy.
The ADA prohibits discrimination against applicants and employees who meet the statute's definition of a "qualified individual with a disability." The ADA defines a disability in three ways:
1. A physical or mental impairment that substantially limits one or more of the major life activities of an individual
2. A record of such an impairment
3. Being regarded as having such an impairment
However, in the “regarded as” instance, the situation is more complicated. Under amendments to the ADA in 2008, if the condition is transitory and minor, defined as having an actual or expected duration of 6 months or less, then the condition does not qualify as disability. Generally, ameliorative, measures such as medications and medical devices will not be considered in making a disability determination, although ordinary eyeglasses may be taken into consideration. So, for example, the mere fact that a person wears ordinary eyeglasses will not qualify that person as “disabled”. On the other hand, the fact that a person has a hearing aid or takes medications to address the impairment will not disqualify that person as being “disabled” if the person otherwise meets the definition of “disabled.”
Florida Institute of Technology will reasonably accommodate qualified individuals with a disability so that they can perform the essential functions of the job in question. Requests for accommodation are to be submitted to the Office of Human Resources on the Reasonable Accommodation Request form with any/all supportive documentation attached.
An individual, who can be reasonably accommodated for the job in question, without undue hardship, will be given the same consideration for that position as any other employee or applicant.
All employees are required to comply with safety standards. Applicants who pose a direct threat to the health or safety of other individuals in the workplace, which threat cannot be eliminated by reasonable accommodation, will not be hired. Current employees who pose a direct threat to the health or safety of the other individuals in the workplace will be placed on appropriate leave until an organizational decision has been made in regard to the employee’s immediate employment situation.
Americans with Disabilities Act (ADA)