Terms and Definitions
What is a Disability? The Americans with Disabilities Act (ADA) defines disability, with respect to an individual, as:- a physical or mental impairment that substantially limits one or more of the major life activities of such individual;
- a record of such an impairment; or
- being regarded as having such an impairment.
The phrase physical or mental impairment means
- Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory (including speech organs), cardiovascular, reproductive, digestive, genitourinary, hemic and lymphatic, skin, and endocrine;
- Any mental or psychological disorder such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.
- Physical or mental impairment includes, but is not limited to, such contagious and noncontagious diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, specific learning disabilities, HIV disease (whether symptomatic or asymptomatic), tuberculosis, drug addiction, and alcoholism.
- Major life activities are functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. Having a record of such an impairment means a person has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities.
- having a physical or mental impairment that does not substantially limit major life activities but being treated by a public entity as constituting such a limitation;
- having a physical or mental impairment that substantially limits major life activities only as a result of the attitudes of others toward such impairment; or
- having none of the impairments defined above but being treated by a public entity as having such an impairment.
NOTE: A "public entity" means: any state or local government; any department, agency, or other organization of such government; etc.
NOTE: The term individual with a disability does not include someone who is currently using illegal drugs.
Qualified Individual With A Disability:A "qualified" individual with a disability is one who meets the essential eligibility requirements for the program or activity offered by the university. With regards to employment - One who, with or without reasonable accommodation, can perform the essential functions of a particular job.
Essential Functions Of A Job/Program or Service:
A task/responsibility/element that is not marginal to the purpose of the job/program or service.
Employment Practices:
Application procedures, hiring, advancement, discharge, compensation, job training, and all other terms and conditions of employment.
Reasonable Accommodations:
Modifications in policies, practices, and procedures that enable equal access to individuals with disabilities.
Hardship:
An accommodation imposes an undue hardship on the university if it constitutes an undue financial and administrative burden on the university, or it requires a fundamental alteration in the nature of the program.
Disability Resources:
A university-sponsored advisory group that offers informal advice, and support to persons with disabilities, their supervisors, and the university community at large.
Documentation:
Required before any accommodation can be offered, documentation of disability should consist of an evaluation by an appropriate professional. Included must be a clear statement of the diagnosis, the basis for the diagnosis, and the current impact of the disability as it relates to the accommodation request.
Specific guidelines for the documentation of a disability can be found on the following sites:
For Students: www.jmu.edu/disabilityser/documentation.htm
For Faculty & Staff: ADA Employee Accommodation Request Checklist