Americans with Disabilities Act (ADA) Policy

Effective Date

June 12, 2017

Last Revision Date

June 2023 

Responsible Party

Human Resources


All employees and applicants for employment.


To state the University’s commitment to and process for complying with applicable laws regarding Reasonable Accommodations for employees and applicants who have a disability.

Policy Statement

Marymount University (“University”) is committed to providing a positive working environment that fosters respect and equitable treatment.  The University prohibits discrimination against qualified individuals with a disability in employment activities.  The University also provides Reasonable Accommodations to ensure equal access and opportunity to applicants and employees. 

1.0  Definitions

1.1  Disability

With respect to an individual:

  1. A Physical or Mental Impairment that substantially limits one or more Major Life Activities of such individual;
  2. A record of such an impairment; or
  3. Being regarded as having such an impairment.

1.2  Essential Functions

Position duties that are fundamental to a specific employment position. A function can be “essential” if, among other things: the position exists to perform the function; a limited number of other employees are available to perform the function; or the function is highly specialized and the individual is hired based on having those specialized skills. Factors which determine whether a particular function is essential include:

  • The judgment of the position’s supervisor
  • A written position description developed before a position is advertised
  • The amount of time spent performing the function
  • The consequences of not requiring the person in the position to perform the function
  • The work experience of past incumbents in the position or current incumbents in similar positions.

1.3 Major Life Activities

Activities such as caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, interacting with others, and working. Major Life Activities also include the operation of major bodily functions, including functions of the immune system, special sense organs and skin, normal cell growth, digestive, genitourinary, bowel, bladder, neurological, brain, respiratory, circulatory, cardiovascular, endocrine, hemic, lymphatic, musculoskeletal, and reproductive functions.

1.4  Physical or Mental Impairment

An impairment that results from anatomical, physiological, or psychological abnormalities which are demonstrated by medically acceptable clinical and laboratory diagnostic techniques.

1.5 Qualified

An individual with a Disability is Qualified for a specific position if the individual:

  1. Satisfies the requisite skill, experience, education, and other position-related requirements of the position, and
  2. Can perform the Essential Functions of the position with or without Reasonable Accommodation(s).

1.6  Reasonable Accommodation

Any change in the workplace or in the way things are customarily done that provides an equal employment opportunity to an individual with a Disability that does not cause an Undue Hardship to the University.

The University provides Reasonable Accommodation:

  1. When an individual with a Disability needs a Reasonable Accommodation to have an equal employment opportunity in the application process;
  2. When an individual with a Disability needs a Reasonable Accommodation to perform the Essential Functions of the position held or sought, or to gain access to the workplace; and
  3. When an individual with a Disability needs a Reasonable Accommodation to enjoy equal access to benefits and privileges of employment (e.g., details, trainings, office-sponsored events).

1.7  Undue Hardship

An action that is unduly costly, extensive, substantial, disruptive, or that would fundamentally alter the employment position and/or the nature or operation of the University.

2.0  Initiating a Request for a Reasonable Accommodation

2.1 Accommodation in the Application/Interview Process

Human Resources provides information and assistance to applicants who request an accommodation. An applicant with a Disability may request an accommodation in the hiring process or application itself (such as a modification in the manner in which an application is filed). Applicants are responsible for making accommodation requests to Human Resources through the application process. An applicant’s request for an accommodation must allow the University sufficient time to review and respond to the request, and an accommodation will not be implemented retroactively. Applicants may be asked to provide supporting documentation as part of the Interactive Process.

2.1.1 Skill-Based Application Tests

In the event an applicant with a Disability applies for a position which requires all applicants to complete a test(s) measuring certain skills, the applicant may request a testing accommodation. If the test is a requirement of the application process, an applicant with a Disability will not be granted a “test exemption.”

Examples of testing accommodations may include, but are not limited to:

  • Testing in a private room;
  • Providing extended time to take the test;
  • Providing instructions/test in large or bold print;
  • Providing magnification;
  • Use of a computer with screen readers (voice output);
  • Use of scratch paper; and
  • Allowing breaks.

An applicant with a Disability may need an accommodation to help meet the standard, but the standard must not be lowered, changed, or altered. In most cases, the University cannot approve an accommodation such as an alternative format or extended time without supporting documentation from a licensed healthcare provider.

2.2 Employee Request for a Reasonable Accommodation

  1. Human Resources is the University’s point-of-contact for an employee requesting a Reasonable Accommodation. A supervisor notified of an employee’s Disability or a request for Reasonable Accommodation should immediately inform Human Resources.
  2. Any current employee, or a family member or healthcare provider acting on the employee’s behalf, may request a Reasonable Accommodation from Human Resources in person, or via phone, email, or fax. The responsibility for initiating a request for a Reasonable Accommodation rests with the employee.
  3. The employee requesting a Reasonable Accommodation should notify Human Resources as soon as practical and provide information on the nature of the employee’s Disability. Human Resources will contact the employee to obtain additional information regarding the potential qualifying Disability and requested Reasonable Accommodation. The employee must complete a Request for Reasonable Accommodation Form, and may be requested to complete an Authorization for Limited Release of Medical Information Form if the employee’s disability is not known or obvious.
  4. The Request for Reasonable Accommodation Form and Authorization for Limited Release of Medical Information Form (if requested) must be completed in full and submitted to Human Resources in a timely manner. Upon request, Human Resources will assist the employee in completing these forms. The University needs all applicable requested information to determine an employee’s request for a Reasonable Accommodation.

3.0 Interactive Process

  1. The University, through Human Resources, engages in the Interactive Process with the individual requesting an accommodation. An individual requesting an accommodation is strongly encouraged to participate in, and cooperate throughout the Interactive Process. Human Resources works collaboratively with the individual requesting an accommodation and the supervisor (if appropriate) to identify a mutually-agreeable Reasonable Accommodation. For an employee requesting an accommodation, Human Resources will:
    1. Consult with the employee’s supervisor concerning the substance of the request and, in conjunction with the employee’s supervisor, analyze the Essential Functions as defined in the position description.
    2. Consult with the employee to determine the position-related limitation(s) resulting from the employee’s Disability and how the limitation(s) could be overcome by a Reasonable Accommodation.
    3. If possible, identify in consultation with the employee and the supervisor, Reasonable Accommodation(s) that may overcome the limitation(s) and assess the effectiveness and feasibility of the proposed accommodation(s).
  2. Depending on the nature of the Disability and Essential Functions of the position, a Reasonable Accommodation may be temporary or long-term.

4.0 Requested Accommodation(s) Not Required

The University may deny a requested accommodation(s) if:

  1. It is determined that even with the requested accommodation(s), the individual will not be able to perform all of the Essential Functions of the position as defined in the job description; or
  2. The healthcare documentation submitted to the University in support of the individual’s requested accommodation(s) does not establish the existence of a Disability within the terms of the ADA or Section 504; or
  3. The requested accommodation(s) will impose an Undue Hardship; or 
  4. The individual requesting the accommodation(s) poses a direct threat or significant risk of substantial harm to the health or safety of the individual or others. The University must determine, on a case-by-case basis, whether a Reasonable Accommodation would either eliminate the risk or reduce it to an acceptable level.

5.0  Decision Concerning a Requested Accommodation(s)

  1. If a Reasonable Accommodation is identified, Human Resources communicates the decision in writing to the individual and the supervisor.
  2. If an anticipated Reasonable Accommodation cannot be provided immediately for some reason, an interim accommodation may be granted if the University has received sufficient information through the Interactive Process to believe it is reasonably likely that an individual will be entitled to a Reasonable Accommodation.
  3. If denying a requested accommodation, Human Resources will explore the possibility of a different Reasonable Accommodation with the individual.
  4. If Human Resources offers a Reasonable Accommodation other than the one requested, but the alternative Reasonable Accommodation is not accepted by the individual, Human Resources will record the individual’s refusal of the alternative Reasonable Accommodation and Section 6.0 of this policy, Refusing an Offered Reasonable Accommodation, then applies.

6.0 Refusing an Offered Reasonable Accommodation

An individual with a Disability may refuse a Reasonable Accommodation offered by the University. However, if an individual with a Disability refuses an offered Reasonable Accommodation and is unable or unwilling to perform the Essential Functions of the position at a satisfactory level without the offered Reasonable Accommodation, the individual will not be considered Qualified and may be dismissed from the application process, employment, or be subject to a medical layoff as provided by applicable law or University policy. 

7.0  Confidentiality

  1. All health information obtained by the University in connection with a request for a Reasonable Accommodation will be kept confidential and maintained by Human Resources in a separate, employee health information file.
  2. The employee’s supervisor will be informed by Human Resources of any restrictions in duties or work and any implemented Reasonable Accommodation. An employee is not required to disclose the health basis for a requested Reasonable Accommodation to the employee’s supervisor. The employee’s personal, health-related information must not be solicited by the supervisor.

8.0  Subsequent Review

A Qualified employee and/or supervisor may confer with Human Resources to determine the continuing need for any approved Reasonable Accommodation. Any request for updated or new medical information must meet the job-related and consistent with business necessity standard under the ADA.