Americans with Disabilities Act (ADA)

The Americans with Disabilities Act ("ADA") requires that employers make reasonable accommodation to enable qualified disabled persons to perform the essential functions of their jobs and enjoy equal benefits and privileges of employment. "An individual with a disability" is someone who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment or is regarded as having such an impairment. To meet the job related requirements of the position and be considered a qualified person under the Americans with Disabilities Act, the individual must have the ability to perform the essential functions of the job with or without a reasonable accommodation.

The Employee Relations and Compliance office is responsible for monitoring and addressing compliance with the Americans with Disabilities Act as well as Section 503 of the Rehabilitation Act of 1973.  A person with a disability has a right to equal access to programs, services, jobs, and facilities offered through the University; an equal opportunity to work and to receive reasonable accommodations, and/or auxiliary aids and services; appropriate confidentiality of all information regarding a disability; and information reasonably available in accessible formats.

The University's Rights and Responsibilities

The University of Louisville has the right to request and receive current documentation that supports requests for accommodations, and/or auxiliary aids and services; deny a request for accommodations if the request is not warranted, or if you fail to provide appropriate documentation; select among equally effective accommodations; and refuse an unreasonable accommodation that would impose an alteration of a job or program.

The University has the responsibility to provide information to staff, and visitors with disabilities in accessible formats upon request; ensure that jobs, programs, services, and facilities are available and accessible; evaluate staff and applicants on their abilities and not their disabilities; provide reasonable accommodations for staff and visitors with disabilities in jobs, programs, services, and facilities; and to maintain confidentiality of records and communication, except where permitted or required by law.

Employees who need information or reasonable accommodations to perform the essential duties of their jobs or to participate in any university sponsored program should first their HR Business Partner. 

Employee and Student Rights and Responsibilities

As a person with a disability, you have a right to equal access to programs, services, jobs, and facilities offered through the University; an equal opportunity to work and to receive reasonable accommodations, and/or auxiliary aids and services; appropriate confidentiality of all information regarding your disability; and information reasonably available in accessible formats.

You have the responsibility to meet and maintain qualifications for programs, services, jobs and facilities; identify yourself as an individual with a disability when an accommodation is needed and seek information, counsel, and assistance as necessary; document from an appropriate professional how your disability limits your participation in programs, services, jobs, and facilities.

Filing a Formal ADA Complaint

The university is responsible for monitoring and addressing ADA compliance issues. The following internal procedure provides for prompt and equitable resolution of complaints. Complaints should be directed to your HR Business Partner.

1. A complaint should be filed in writing, contain the name and address of the person filing it, and briefly describe the alleged violation. A complaint should be filed within 180 days after the complainant becomes aware of the alleged violation.
2. Upon receipt of the written notice of complaint, the Director of the HRBP Team or his/her designee shall acknowledge receipt within five workdays. In order to initiate a fact-finding investigation, the intake interviewer must make a preliminary evaluation of the complaint itself to determine whether the complaint gives rise to a reasonable inference that discrimination has occurred. That is, if all the representations in the complaint are deemed to be factual, does the complaint establish that discrimination occurred or raise a presumption that discrimination occurred. In the absence of meeting this definitional threshold, the complaint must be dismissed.
3. An investigation, if appropriate, will be conducted by the HRBP Team. If a respondent is named a written notice of the complaint shall be forwarded to the respondent.  The internal complaint procedure involves a thorough investigation, affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to a complaint.
4. A written determination of the complaint and a description of the resolution, if any, shall be issued by the HRBP Team and a copy forwarded to the complainant and respondent (if any).
5. The determination rendered upon completion of the investigative process is not subject to the appeal process. For reconsideration, a written request should be submitted to the University ADA Coordinator accompanied by affidavits or other written documentation that would substantially alter the findings of the investigation. The written request must be submitted no later than ten (10) working days after receipt of the final determination.

Anyone who, in good faith, reports what he or she believes to be discrimination, or who participates or cooperates in any investigation, will not be subjected to retaliation.

Retaliation should be reported to the HRBP Team. The university will investigate all reports of retaliation. Anyone found to have retaliated against a person who has participated or cooperated in an investigation will be in violation of this policy and will be subject to disciplinary action.