Americans With Disabilities Act and Section 504 of the Rehabilitation Act of 1973

The Americans With Disabilities Act and Section 504 of the Rehabilitation Act of 1973

“No qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.” 42 U.S.C. § 12132.

The main function of the Americans with Disabilities and Section 504 of the Rehabilitation Act of 1973 (ADA/Section 504) is to provide people with an equal opportunity to access programs and activities, not to ensure equal results. The universal design aims to make products, environments, and systems accessible and usable by all people, to the greatest extent possible, without the need for adaptation or specialized design, regardless of their age, size, or ability. For more information, please go here.

The ADA/Section 504 Coordinator’s Role

The ADA/Section 504 coordinator is responsible for overseeing ADA/Section 504 compliance for the College. There are three (3) main functions of the coordinator:

• Ensure Compliance. Continuously reviews and updates internal policies and procedures to align with all relevant federal and state disability discrimination laws regarding ADA/Section 504.

• Complaint Resolution. Manages the internal grievance procedure, a formal system for resolving ADA/Section 504 complaints from the public or employees.

• Investigation. Key part of Complaint Resolution. Gathers and reviews all relevant documentation and conducts interviews to determine whether discrimination or non-compliance occurred.

ADA/Section 504 Coordinator Contact Information:

Ledawn Hall
Director, Learning Center
Coordinator, ADA/Section 504
Learning Center – Room 310, Office 316
303 University Avenue
Newark, NJ 07102

(973) 877-3596
[email protected]

Americans With Disabilities Act and Section 504 of the Rehabilitation Act of 1973

Who is a Qualified Individual With a Disability Under ADA/Section 504?

A person is deemed a qualified individual with a disability under ADA/Section 504 if:

• They have a physical/mental/developmental impairment which substantially limits one or more major life activities

• There is a record of having an impairment (mental or physical) on file with the College

• They are regarded as having an impairment (mental or physical)

Qualified means someone who, with or without reasonable modifications to rules, policies, or practices or provision of auxiliary aids and services:

• Meets the academic and technical standards required for admission or to participate in programs or activities of the educational entity

• Is able to perform the essential functions of the job

When Should You Seek Out the ADA/Section 504 Coordinator?

A qualified individual with a disability should seek out the ADA/Section 504 coordinator when reasonable accommodations have been established with the Disability Services Coordinator’s office but the reasonable accommodations have either not been met or not been met in a timely manner.

The Disability Services Coordinator’s contact information:

Professor Maria Mercado	TBD
(973) 877-3071 or 6591	TBD
Room 4122I	TBD
[email protected]	TBD

Disability Services

Disability Support Services

Section 504 vs. ADA

Section 504	ADA
Created to protect individuals with disabilities from discrimination for reasons related to their disabilities	Requires reasonable accommodations for individuals with a disability
Applied protections to programs or businesses that receive federal funds	Extends reasonable accommodations to private institutions, workplaces, and to state and local government-funded programs

Between the two laws, all government-funded programs are covered.

Process Overview

• Institution receives accommodation request from student or employee

• Individual provides required documentation of diagnosis and impact on major life activity from health care provider to establish disability

• Individual discusses functional limitations and barriers presented by disability

• Institution engages in interactive process to establish reasonable accommodations

Considerations

Institutions are not required to provide but shall not prevent the use of:

• Personal devices such as wheelchairs

• Individually prescribed devices such as hearing aids

• E-readers for personal use or study

• Services of a personal nature including assistance in eating, toileting, or dressing

Key Exceptions to Specific Requests

A specific accommodation is not required when it would result in a fundamental alteration of the nature of the program, service, or job function, or would be an undue burden for the College.

• A fundamental Alteration:

• Changes a course or course of study so significantly that it alters the essential nature of a course or content of the curriculum

• Changes an approved job description so significantly that it alters the essential elements of the job

• Undue Burden:

• Undue burden can be a financial or an administrative burden

• Fact-specific inquiry (very high bar) 

• Significant difficulty or expense to provide

Students and employees are required to meet applicable defined academic, technical, and conduct standards or essential job functions

Grievance Process

Notice of Non-Discrimination

“Essex County College does not deny admission to any educational program or activity or deny employment on the basis of any legally protected status or discriminate on the basis of race, ethnic or national origin, citizenship, color, sex/gender, pregnancy or pregnancy-related conditions, age, creed, religion, actual or perceived disability (including persons associated with such a person), arrest and/or conviction record, military or veteran status, sexual orientation, gender expression and/or identity, an individual’s genetic information, domestic violence victim status, familial status or marital status, or any other category protected by law. Essex County College is an affirmative action/equal opportunity employer.”

In accordance with the requirements of USDE Guidelines IV-O, Title VI: 34 C.F.R. § 100.6 (d), Title VI and Title VII of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act, the Age Discrimination Act of 1975, Title IX of the Education Amendments of 1972, and other federal, state, and local laws, Essex County College (“ECC”) does not discriminate on the basis of sex, race, religion, creed, national or ethnic origin, sexual orientation, age, pregnancy, gender identity, or gender expression.

Essex County College prohibits sex discrimination in any of its services, education programs, and activities that it operates, as required by Title IX and its regulations, including in admission and employment.

Inquiries about Title IX may be referred to Essex County College’s Title IX Coordinator, the U.S. Department of Education’s Office for Civil Rights, or both.

An individual can file a grievance with the ADA/Section 504 coordinator with the information below:
ADA/Section 504 Coordinator Contact Information:

Ledawn Hall
Director, Learning Center
Coordinator, ADA/Section 504
Learning Center – Room 310, Office 316
303 University Avenue
Newark, NJ 07102

(973) 877-3596
[email protected]
www.essex.edu/ADA504

File your grievance here.

The grievance process is for allegations of discrimination on the basis of disability for students where reasonable accommodations have either not been met or not been met in a timely manner. The ADA/Section 504 coordinator oversees the grievance process and ensures a prompt and effective response. The time frame can be up to 30 days from the time the accommodations grievance form is submitted.

Basis for ADA/Section 504 Grievance Process

• Discrimination on the basis of a disability

• Harassment on the basis of a disability

• Violations of ADA/Section 504 resulting in an inability to access the education program or activity

• Provided accommodations had a discriminatory effect

Investigative Process

All grievances are to be submitted via the ECC Wufoo form here. Investigations may be formal or informal. The ADA/Section 504 coordinator may be the sole person to investigate and make a determination regarding the grievance.

The ADA/Section 504 coordinator will provide written documentation of the investigation and decision with a rationale within 30 days of the Wufoo form grievance submission.

Appeals

An appeal process is required by law.
If an individual wants to appeal the decision made by the ADA/Section 504 coordinator, the individual can file the appeal in writing to:

Dr. Keith Kirkland
Dean of Student Affairs
Room 5105, 5^th Floor
303 University Ave.
Newark, NJ 07102

(973) 877-3070
[email protected]

The appeal process can take up to 30 days from the time the Dean of Student Affairs receives the appeal in writing.

The decision by the Dean of Student Affairs is final. However, the individual may still file a complaint with a federal or state agency.

Recordkeeping

Reasonable accommodation grievances can be maintained and kept for up to seven (7) years or more from the time of the grievance submission. The grievances will be stored in an electronic database for ease of access and data collection purposes.

Service vs. Emotional Support Animals
ADA covers service animals, not emotional support animals.

For students or visitors:

• Service animal is an animal that has been individually trained to do work or perform tasks for the benefit of an individual with a disability

• Can only be a dog or a miniature horse

• No documentation is required or may be requested related to the individual’s disability or the animal’s training

For employees:

• Animals in the workplace should be treated as a request for a reasonable accommodation, and the employer may ask for appropriate documentation

There are two questions that can determine if the animal is a service animal:

Q1: Is the dog or miniature horse required because of a disability?

Q2: If yes to Q1, what work or task has the animal been trained to perform? May ask relevant clarification questions about the animal’s training and description of the trained task. May not ask for the animal to demonstrate the task.

No documentation is required or may be requested related to the individual’s disability or the animal’s training.

Service animals are working animals, not pets.

• Work or task of the animal must be directly related to the person’s disability

• Professional training not required

• Animals whose sole function is to provide comfort or emotional support do not qualify under ADA

• Institution cannot require documentation that the animal has been certified, trained, or licensed as a service animal

• Only dogs or miniature horses that perform work directly related to the disability for an individual with a qualifying disability are considered service animals

• Must be individually trained to do the work or task

• Must be housebroken

• Must remain under the care and supervision of the owner at all times via a leash or harness unless it would interfere with their work

• May not create a disruption to the environment

• May not pose a direct threat to the health or safety of the campus