- Disability: A physical or mental impairment that substantially limits one or more major life activities of the individual, a record of such an impairment, or being regarded as having such an impairment.
- Major life activities (but not limited to): These include caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.
- Major bodily functions (but are not limited to): Body systems such as neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, immune, circulatory, hemic, lymphatic, skin and endocrine that could be affected by a physical or mental impairment such as any physiological disorder or condition, cosmetic disfigurement or anatomical loss affecting one or more.
- Other impairments: Also covered are any mental or psychological disorders, such as intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disabilities.
- Substantially limiting: In accordance with the ADAAA final regulations, determining whether an impairment substantially limits a major life activity requires an individualized assessment, and an impairment that is episodic or in remission may also meet the definition of disability if it would substantially limit a major life activity when active. These types of impairments may include asthma, diabetes, epilepsy, hypertension, major depressive disorder, bipolar disorder, and schizophrenia. An impairment, such as cancer that is in remission but that may possibly return in a substantially limiting form, is also considered a disability under the final ADAAA regulations.
- Direct threat: A significant risk to the health, safety, or well-being of other individuals.
- Qualified individual: An individual who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires.
- Reasonable accommodation: Includes any changes to the work environment and may include making existing facilities readily accessible to and usable by individuals with disabilities; job restructuring; offering part-time or modified work schedules; working remotely; reassignment to a position; acquiring or modifying equipment or devices; appropriate adjustment or modifications of examinations, training materials or policies; providing qualified readers or interpreters; and other similar accommodations for individuals with disabilities. vacant
- Undue hardship: Significant difficulty or expense that would be incurred by the employer if an accommodation were implemented. In determining whether an accommodation would impose an undue hardship on a covered entity, factors to consider include: The nature and cost of the accommodation.
- The overall financial resources of the facility or facilities involved in providing the reasonable accommodation, the number of persons employed at such facility, the effect on expenses and resources, or the impact of such accommodation on the operation of the facility.
- The overall financial resources of the employer, the size, number, type, and location of facilities.
- The type of operations of the company, including the composition, structure and functions of the workforce; administrative or fiscal relationship of the particular facility involved in making the accommodation to the employee.
- Essential functions of the job: Job activities that the employer determines are essential or core to performing the job; these functions cannot be modified.
Converse University complies with the Americans with Disabilities Act (ADA) and similar state and local laws by not discriminating against qualified individuals with disabilities. Converse also limits the instances in which it seeks medical information from employees and keeps that medical information confidential (on a need-to-know basis). Finally, where appropriate, the University offers reasonable accommodations to qualified individuals with disabilities, provided the employee is able to perform the essential functions of the position, and those accommodations do not create an undue hardship for Converse or pose a threat to health or safety. Accommodations are those changes, modifications, or alterations that allow an otherwise qualified employee to enjoy the benefits of working and perform all essential functions of his or her position, notwithstanding a physical or mental impairment. Accommodations may be in the form of changes in the workplace, leave, or reassignment to vacant positions. Individuals seeking accommodations will be required to provide documentation of their disability status and any associated abilities or restrictions. Failure to cooperate with the University’s efforts to reach a reasonable accommodation will result in the denial of protection under the applicable law. If two or more accommodations are reasonable and effective, the University reserves the right to decide which accommodation to implement.
Accommodation Leave under the ADA (and similar laws)
Accommodation leave applies only to employees who: (1) do not meet the eligibility requirements under FMLA or who have exhausted FMLA leave; (2) are under the care of a licensed healthcare provider (practicing within the terms of his or her license); and, (3) are currently unable to perform one or more essential functions of their position, with or without accommodations. If Converse crafts an accommodation for the employee that would allow him or her to perform the position's essential functions even with the current medical restrictions, then leave under this policy will be unavailable.
To obtain leave under this policy, the employee must cooperate with Converse to obtain medical information substantiating: (1) the nature of impairment; (2) the functions the employee cannot perform; (3) the amount of time the employee will have the restrictions; (4) an estimated return-towork date; (5) the level of confidence of the physician; and (6) estimated restrictions that will still exist after the employee is released to return to work.
Leave under this policy is discretionary. Converse will attempt to balance the employee’s need for leave, the effectiveness of granting the leave, the reasonableness of the length of time requested, and the level of confidence of the physician on the one hand, with the needs of the organization and the hardship, posed to the University in granting the leave on the other hand. If the leave is granted, it will be job-protected.
Employees must concurrently exhaust any available paid time off (such as vacation, sick pay, or personal time off), Converse Leave benefits, Family Medical Leave, short-term disability benefits, workers’ compensation benefits, or any other form of applicable paid leave during ADA leave. If no such paid time off is available, leave under this policy is unpaid and runs concurrently with any other Converse Leave and/or Family Medical Leave benefits.
If the employee requests an extension of leave, if the circumstances described by the original certification have changed significantly, or if the University receives information that casts doubt upon the continuing validity of the original certification, the University may require immediate recertification of the employee’s medical condition.
If the employee recovers sooner than anticipated, the employee must communicate with Converse and make arrangements to return to work.
Leaves under this policy must be used for their intended purpose. If Converse determines that the employee provided false information in order to obtain the leave or is using leave when such leave is not medically necessary or otherwise unnecessary, the employee may be subject to discipline, up to and including termination.
Reasonable Accommodation
Converse University will provide reasonable accommodations to qualified individuals with known disabilities, enabling them to perform the essential functions of their job or access educational programs and services, unless doing so would impose an undue hardship or pose a direct threat.
Examples of reasonable accommodations include, but are not limited to the following:
- Modified work schedules or job duties
- Accessible facilities
- Auxiliary aids and services
- Assistive technology
- Interpreters or readers
The examples provided in the above terms are not meant to be all-inclusive and should not be construed as such. They are not the only conditions that are considered to be disabilities, impairments, or reasonable accommodations covered by the ADA/ADAAA policy. South Carolina law prohibits discrimination based on disability and requires public and private entities to make reasonable accommodations, unless doing so would impose a significant difficulty or expense. The South Carolina Human Affairs Commission (SCHAC) is the agency responsible for enforcing South Carolina's anti-discrimination laws.
Retaliation Prohibited
Retaliation against individuals who request accommodations, file complaints, or participate in investigations is strictly prohibited under both federal and South Carolina law.
Grievances and Complaints
Individuals who believe they have been discriminated against based on a disability may file a complaint with:
- Converse University Human Resources Department
hr@converse.edu
Director of Human Resources - The South Carolina Human Affairs Commission (SCHAC)
Website: https://www.schac.sc.gov
Phone: 1-800-521-0725 - The U.S. Equal Employment Opportunity Commission (EEOC)
Website: https://www.eeoc.gov
Phone: 1-800-669-4000
Policy Review and Updates
This policy is reviewed periodically to ensure compliance with evolving federal and state regulations and to maintain an inclusive campus environment.
The university acknowledges disability as a component of an inclusive environment and is committed to promoting a culture of accessibility and respect. It is the policy of Converse University to:
- Ensure that no qualified individual is denied the benefits of, or excluded from participation in, any program or activity because of a disability;
- Provide reasonable accommodations, academic adjustments, and/or auxiliary aids and services to qualified employees with disabilities, unless doing so would result in undue hardship or fundamentally alter the nature of a service, program, or activity;
- Promote accessibility in physical spaces, technologies, communications, and services; and
- Protect against retaliation for individuals who request accommodations, file grievances, or otherwise exercise their rights under disability law.
- The university is committed to ongoing efforts to remove barriers, improve accessibility, and support a welcoming environment for all members of the campus community.
Converse University is committed to equal opportunity and full inclusion for individuals with disabilities in accordance with the federal laws, Americans with Disabilities Act of 1990 (ADA), the ADA Amendments Act of 2008 (ADAAA), and applicable provisions of South Carolina Human Affairs Law (Title 1, Chapter 13 of the South Carolina Code of Laws). Discrimination against qualified individuals with disabilities is prohibited in all aspects of employment and educational programs.
This policy applies to all members of the Converse University community, including but not limited to:
- Faculty and staff (full-time, part-time, and adjunct)
Version History
Definitions added, Clarification regarding reasonable accommodation, policy review, prohibition of retaliation, and grievances/complaints guidance.