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ADA - Americans With Disabilities Act Policy Statement

The University of Nebraska at Kearney declares and affirms a policy of equal educational and employment opportunities, affirmative action in employment, and nondiscrimination in providing services to the public. Therefore, the University of Nebraska at Kearney shall not discriminate against anyone based upon race, age, color, disability, religion, sex (including sexual harassment), sexual orientation, national or ethnic origin, marital status, or veteran status.

It is the policy of the University of Nebraska at Kearney to respond to requests for reasonable accommodations in accordance with Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794) or section 202 of the Americans with Disabilities Act of 1990(42 U.S.C. 12132), which states in part, "no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity."

Reasonable accommodation shall refer to modification or adjustment to a job, an academic program, or work or learning environment to enable a qualified individual with a disability to enjoy an equal employment or educational opportunity. An equal employment or educational opportunity means an opportunity to attain the same level of performance or to enjoy equal benefits and privileges of employment or education available to similarly-situated staff, faculty, or students without a disability. The Americans with Disabilities Act requires reasonable accommodations in three aspects of employment and education:

  • To ensure equal opportunity in the application process;
  • To enable a qualified individual with a disability to perform the essential functions of a job or to benefit from an educational program; and
  • To enable staff, faculty, or students with disabilities the opportunity to enjoy equal benefits and privileges of employment and education.

The Reasonable Accommodation Policy is applicable to accommodation requests from employees and students with known disabilities. Other issues of discrimination on the basis of disability are addressed by the University of Nebraska at Kearney Nondiscrimination Policy and Grievance Procedures Relating to Alleged Prohibited Discrimination.

Determination and Provision of Reasonable Accommodations 

Accommodations, modifications, or adjustments to a job, course, academic program, service or activity may enable qualified individual with a disability to have an equal opportunity. An equal opportunity means an opportunity to attain the same level of performance or to enjoy equal benefits and privileges as are available to similarly situated individuals without a disability.

The University of Nebraska at Kearney is obligated to provide reasonable accommodations, adjustments, and/or auxiliary services only to the known limitations of an otherwise qualified individual with a disability. In general, it is the responsibility of the individual with a disability to inform the University that an accommodation is needed. When a qualified individual with a disability requests an accommodation, the University will make a reasonable effort to provide an accommodation, adjustment, and/or auxiliary service that is effective for the individual.

Appropriate accommodations or modifications will be provided to ensure that the evaluation of performance represents achievement rather than reflecting the impact of disability.

Academic Policy for Students With Disabilities
Policy for Individuals with Disabilities