Hutchinson Community College is committed to full compliance with the Americans With Disabilities Act of 1990 (ADA) and Section 504 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified persons with disabilities, as well as other federal and state laws pertaining to individuals with disabilities. Under the ADA and its amendments, a person has a disability if he or she has a physical or mental impairment that substantially limits a major life activity. The ADA also protects individuals who have a record of a substantially limiting impairment or who are regarded as disabled by the institution whether qualified or not. A substantial impairment is one that significantly limits or restricts a major life activity such as hearing, seeing, speaking, breathing, performing manual tasks, walking, caring for oneself, learning, reading, concentrating, or thinking.
The Coordinator of Equity & Compliance, in cooperation with the Coordinator of Accessibility Services and the Director of Human Resources, has been designated as the ADA/504 Coordinator responsible for coordinating efforts to comply with these disability laws, including investigation of any grievance alleging noncompliance.
The Americans with Disabilities Act (ADA) of 1990
A civil rights law that expanded protections to people with disabilities in all aspects of life; which until then had been limited to The Rehabilitation Act of 1973, as amended, or State disability laws. With the passage of the ADA people with disabilities are guaranteed equal opportunity in employment, services provided by state and local government, public accommodations, commercial facilities, transportation, and telecommunications.
ADA Amendments Act of 2008
Amended the ADA by making changes as to how the definition of disability is interpreted and was intended to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.
The term “disability” means, with respect to an individual: 1) a physical or mental impairment that substantially limits one or more major life activities, 2) a record of such impairment, or 3) being regarded as having such an impairment.
The applied science of equipment design, for the workplace, is intended to maximize productivity by reducing fatigue and discomfort. Employers use this practice to prevent injury on the job. Ergonomic assessment adjustments may or may not be part of a reasonable accommodation. All employees (regardless of disability) are entitled to request an ergonomic assessment.
Functions that are fundamental to accomplishing the job. The employer will determine what functions of a job are essential. An individual must be able to perform the essential functions of a job with or without reasonable accommodation.
A flexible, interactive conversation may be held between the employee and the employer to identify possible options for reasonable accommodation.
Major Life Activities
Examples include caring for oneself, seeing, walking, speaking, hearing, breathing, learning, communicating, or working; it also includes major bodily functions. The list is non-exhaustive; these are just some examples.
A qualified individual with a disability
An individual who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires.
A modification or adjustment that enables a person with a disability to apply for a job, perform the essential functions of a position, or enjoy the same benefits and privileges of employment as other employees.
An individual is substantially limited in a major life activity when limited in the ability to perform a major life activity in comparison to an average person in the general population.
An action requiring significant difficulty or expense, when considering the resources and circumstances of the employer, in relationship to the cost or difficulty of providing a specific accommodation. Undue hardship refers not only to financial difficulty, but to reasonable accommodations that are unduly extensive, substantial, or disruptive, or those that would fundamentally alter the nature or operation of the business. An employer must assess on a case-by-case basis whether a particular reasonable accommodation would cause undue hardship.
Pursuant to the ADA, the College will provide reasonable accommodation(s) to all qualified employees with known disabilities, where their disability affects the performance of their essential job functions, except where doing so would be unduly disruptive or would result in an undue hardship.
An employee with a disability is responsible for requesting accommodation in writing to the Director of Human Resources and providing appropriate documentation. The Director of Human Resources, in cooperation with the Coordinator of Equity and Compliance, will work with the employee’s supervisor to identify which essential functions of the position are affected by the employee’s disability and what reasonable accommodations could enable the employee to perform those duties.
Some common types of Reasonable Accommodations include, but are not limited to:
Reasonable Accommodation Procedures for Applicants
Applicants needing accommodation to enable them to participate in the recruitment, application, and selection process may direct their requests to Human Resources at 620-665-3495. The request should be made at least three (3) business days prior to the date of need.
Reasonable Accommodation Procedures for Employees
Accommodation requests may be directed to the Human Resources department by completing this Employee Accommodation Request Form.
Patrons with disabilities attending HutchCC-sponsored functions requesting accommodations must contact the President's Office at 620-665-3505 at least 10 days prior to the event.
HutchCC has a variety of equipment available to students on a term-by-term basis. Approval is required. These loans let students try different approaches and are not meant for ongoing personal use. Please contact the Coordinator of Accessibility Services to inquire about equipment loans.