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Accessibility and Disability Compliance

Eastern Kentucky University is committed to recognizing the dignity and independence of all employees, students, faculty and visitors, and seeks to ensure that persons with disabilities have access to employment opportunities,  services, facilities and accommodations.  The University complies with all applicable federal and state laws pertaining to accessibility, including, but not limited to the following synopsized laws. 

American Disabilities Act (ADA)

The Americans with Disabilities Act of 1990 (ADA)  was enacted by the U.S. Congress in 1990, with later amendments effective January 1, 2009. 

The ADA is a wide-ranging civil rights law that prohibits discrimination based upon disability. From an employment perspective, ADA prohibits discrimination against a “qualified individual with a disability”.  From an educational perspective, ADA prohibits discrimination against a qualified individual “who meets the academic and technical standards requisite for admission or participation in the educational program or activity.  ADA affords protection to individuals who:

  • have a physical or mental impairment which substantially limits one or more major life activities
  • have record of such an impairment
  • are regarded as having such an impairment 

ADA Amendments Act of 2008 (ADAAA)

The ADA Amendments Act of 2008 (ADAAA) was enacted by the U.S. Congress in 2008, with an effective date of January 1, 2009.    The ADAAA did not change the basic legal requirement that employers must not discriminate against individuals with disabilities who are qualified for a job, with or without reasonable accommodation.  This Act extended the definition of disability to employers who receive federal financial assistance under Section 504 of the Rehabilitation Act.  Additionally, the ADAAA expanded the definition of disability. 

Section 504 of the Rehabilitation Act of 1973     

Section 504 of the Rehabilitation Act of 1973 contains specific information about compliance issues in postsecondary education.  Section 504 protects “qualified individuals with disabilities”. For purposes of receiving services, education, or training,  “qualified individuals with disabilities” are person who meet normal and essential eligibility requirements.   "No otherwise qualified person with a disability in the United States shall, solely by reason of a disability, be denied the benefits of, be excluded from participation in, or be subjected to discrimination under any program or activity receiving federal financial assistance."

Under the provisions of Section 504, Eastern Kentucky University may not discriminate in the recruitment, admission, educational process or treatment of individuals with disabilities. Persons who have self-identified, provided appropriate documentation of disability, and requested reasonable accommodations are entitled to receive approved reasonable modifications to programs, appropriate reasonable academic adjustments, or reasonable auxiliary aids that enable them to participate in and benefit from all educational programs and activities.   Achieving reasonable accommodations for a person with a disability involves shared responsibility between students, faculty and staff.

Kentucky Civil Rights Act, KRS Chap. 344.00

 The Kentucky Civil Rights Act prohibits employment discrimination based upon disability.  The Act provides that a "Qualified individual with a disability" means an individual with a disability as defined in KRS 344.010 who, with or without reasonable accommodation, can perform the essential functions of the employment position that the individual holds or desires unless an employer demonstrates that he is unable to reasonably accommodate an employee's or prospective employee's disability without undue hardship on the conduct of the employers' business.

Kentucky Postsecondary Textbook Accessibility Act, KRS 164.477 

The Kentucky Postsecondary Textbook Accessibility Act, Senate Bill 85 (SB 85) was signed into law in 2003. It provides that “(t)he purpose of this section is to ensure, to the maximum extent possible, that all postsecondary students with a disability in Kentucky requiring reading accommodations, in accordance with Section 504 of the Rehabilitation Act, 29 U.S.C. sec. 794, or the Americans with Disabilities Act, 42 U.S.C. secs. 12101 et seq., including but not limited to students who are blind, are visually impaired, or have a specific learning disability or other disability affecting reading, shall have access to instructional materials in alternative formats that are appropriate to their disability and educational needs.”

Eastern Kentucky University Equal Opportunity/Affirmative Action Statement (Non-Discrimination Policy),  Policy 1.4.1

Eastern Kentucky University is an Equal Opportunity/Affirmative Action employer and educational institution and does not discriminate on the basis of age (40 and over), race, color, religion, sex, sexual orientation, disability, national origin, veteran status, or genetic information in the admission to, or participation in, any educational program or activity which it conducts, or in any employment policy or practice.     

View Full Text of Policy 

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