McNeese State University does not discriminate against a qualified individual on the basis of disability and is committed to providing access to its programs, services, and activities. Efforts to ensure non-discrimination and academic adjustments for students, accommodations for applicants and visitors, and reasonable accommodations for employees with disabilities are based on the Americans with Disabilities Act Amendments Act (ADAAA) of 2008. Inquiries may be directed to the director of campus compliance and civility in person at the Burton Business Center, Suite 407; by phone at (337) 475-5428; by fax at (337) 475-5603; or by email at compliance@mcneese.edu.
A qualified employee or applicant with a disability is an individual who, with or without a reasonable accommodation or an accommodation, can perform the essential functions of the employment position. Essential functions are those duties that are so fundamental to the position that the individual cannot do the job without being able to perform the essential functions. An employer is required to make an accommodation or a reasonable accommodation to the known disability of a qualified applicant or employee if it would not impose an undue hardship on the operation of the employer’s business. Undue hardship is generally defined as an action requiring significant difficulty or expense when considered in light of factors such as an employer’s size, financial resources, and the nature and structure of its operation. An employer is not required to lower quality or production standards to make an accommodation, nor is an employer obligated to provide personal use items such as glasses or hearing aids.
The determination of whether a person has an ADAAA disability will not take into consideration whether the person is substantially limited in performing a major life activity when using a mitigating measure. This means that if a person has little or no difficulty performing any major life activity because they use a mitigating measure, then that person may meet the ADAAA’s definition of disability.
Mitigating measures may not be considered in determining whether an individual has an impairment that substantially limits a major life activity. An exception is made for ordinary eyeglasses or contact lenses that may be taken into account. Limitations that are episodic or in remission are considered in their active state. The fact that a person’s limitations go into remission or come and go is not relevant to determining whether the impairment substantially limits a major life activity.
The University’s definition of disability aligns with the ADAAA. An individual with a disability is a person who:
Title I of the ADAAA also covers:
It is also unlawful to retaliate against an individual for opposing employment practices that discriminate based on disability or for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or litigation under the ADAAA.
A harassment or discrimination policy violation by any faculty or staff member of the University may result in and may not be limited to the following: discharge, termination of appointment or contract, demotion, or written reprimand. In addition, that individual as well as the University may be held responsible for any legal claims that may arise.
The University and the state of Louisiana provide training on ADAAA accommodations, inclusive workplace practices, and prevention of hostile work environments, with a focus on supporting employees with disabilities.
This policy is distributed via the University Policies webpage.