POL-U1600.03 Accommodating Persons With Disabilities

a) Under 42 USC §12102, a person with a physical or intellectual disability that substantially limits one or more major life activities; and/or

b) Under chapters 49.60.040 RCW and 162-22 WAC, the presence of a sensory, mental, physical impairment (temporary or permanent) that is:

1. Medically cognizable or diagnosable, or
2. Exists as a record or history; or
3. Known or shown through an interactive process to exist in fact, and:
4. Has a substantially limiting effect upon the individual’s ability to perform his or her job, the individual’s ability to apply or be considered for a job or the individual’s access to equal benefits, privileges, or terms or conditions of employment; or
5. The employee must have put the employer on notice of the existence of an impairment, and medical documentation must establish a reasonable likelihood that engaging in job functions without an accommodation would aggravate the impairment to the extent that it would create a substantially limiting effect.

a) Impairment (federal definition):

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, genito-urinary, hemic and lymphatic, skin, and endocrine; or any mental or psychological disorder, such as intellectual disability, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

b) Impairment (state definition):

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, genitor-urinary, hemic and lymphatic, skin, and endocrine; or any mental, developmental, traumatic, or psychological disorder, including but not limited to cognitive limitation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

c) Major Life Activities:

Activities that include, but are not limited to, caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working and operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

d) Substantially Limits:

Unable to perform a major life activity that the average person in the general population can perform or significantly restricted as to the condition, manner or duration under which you can perform a particular major life activity as compared to the condition, manner, or duration under which the average person in the general population can perform that same major life activity.

The fundamental job duties of the position that the individual with the disability holds or desires. The term “essential functions” does not include the marginal functions of the position.

An individual with a disability who meets the skill, experience, education, or other job-related requirements of the position held or desired, and who, with or without reasonable accommodation, can perform the essential functions of the job.

An enrolled student with a documented disability and completed Needs Assessment who complies with applicable university policies on student rights and responsibilities and who meets the admission requirements and technical standards of the academic program, activity, or service.

A modification or adjustment to a job, work environment, policies, practices, and procedures that enables a qualified individual with a disability to enjoy equal employment or academic opportunities.

An excessively costly, extensive, substantial, or disruptive modification, or one that would fundamentally alter the nature or operation of the institution.