Americans With Disabilities Act

Who Is Covered Under The Americans With Disabilities Act

Does the Act apply to all disabled individuals?

No.  The Act applies to qualified individuals with a disability.  That is, an individual with a disability who can perform the essential functions of the position which he/she holds or desires, either with or without reasonable accommodation for the disability.  It does not apply to individuals who are not qualified or who cannot perform the essential functions to the standards which the department has set for the job.

Which individuals at Rutgers are covered by Title I of the ADA?

Although some of the terminology and the benefits discussed herein apply only to regularly appointed full-time staff, the Act applies to all individuals employed by the University - - faculty, staff, casual and student employees, teaching and graduate assistants, coadjutants and part-time lecturers -- regardless of whether they are full time or part time, regularly appointed or temporary, and whether or not they were disabled upon hiring or become disabled after being hired.

Does the Act apply to individuals who are not yet employed at Rutgers?

Yes.  The Act applies to external applicants for positions at Rutgers if they are otherwise qualified, that is, if they meet all of the prerequisite qualifications for the position sought.

Does the Act apply to individuals hired through an agency?

Yes, Those agencies must comply with the Act.  Departments may not contract to hire employees from employment agencies, temporary agencies, or union hiring halls which are not in compliance.

Does the Act extend to applicants or employees who are pregnant or who have temporary illnesses or injuries?

No. However, because it may be difficult in some circumstances to determine whether an illness or injury is temporary or whether it is, in fact, a disability within the ADA, discuss the question within normal supervisory chain.  If further questions arise, call the Office of Employment Equity.

 

Additional Sections

 

Resources To Help You  
Office of Employment Equity - Contacts 732-932-3020, ext. 4030
Office of Employment Equity - Services  
Disability Accommodation Information  

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