Americans with Disabilities Act (ADA 1990)

What is the ADA/ADAAA?

The Americans with Disabilities Act of 1990 (ADA) is the most significant civil rights legislation to be enacted by congress since the Civil Rights Act of 1964. Amended in 2008 (now ADAAA), the ADA makes it unlawful to discriminate against a qualified/otherwise eligible person who has a disability in the area of employment, public services, transportation, public accommodations and telecommunications. Not complying with the ADA may result in time-consuming complaints and possible penalties issued by the government.

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Applied to University Employees

Employers with 15 or more employees are bound by the terms of the ADA.  The University of Scranton is committed to the principals and protections offered by the ADA for its employees and potential employees.

The ADA prohibits discrimination in all employment practices, including job application procedures, hiring, firing, advancement, compensation, training, and other terms, conditions, and privileges of employment. It applies to recruitment, advertising, tenure, layoff, leave, fringe benefits, and all other employment-related activities.

Employment discrimination is prohibited against "qualified individuals with disabilities." Persons known to have an association or relationship with a person with a disability are also protected. The ADA defines an "individual with a disability" as a person who has a physical or mental impairment that substantially limits one or more major life activities, a record of such impairment, or is regarded as having such an impairment.

A qualified individual with a disability is a person who meets legitimate skill, experience, education, or other requirements of an employment position that he or she holds or seeks, and who can perform the "essential functions" of the position with or without reasonable accommodation. Requiring the ability to perform "essential" functions assures that an individual will not be considered unqualified simply because of inability to perform marginal or incidental job functions except for limitations caused by a disability. The employer must consider whether the individual could perform these functions with a reasonable accommodation.

Reasonable accommodation is any modification or adjustment to a job or the work environment that will enable a qualified applicant or employee with a disability to perform essential job functions. Reasonable accommodation also includes adjustments to assure that a qualified individual with a disability has the same rights and privileges in employment as non-disabled employees. The Americans with Disabilities Act works to protect the underrepresented.

For employees, guidelines on requesting reasonable accommodations under this policy may be found here. If you have any questions, please contact: Office of Equity & Diversity: Tel: 570 941-6645 or

Requests for reasonable accommodations for students with disabilities are handled and arranged by CTLE (Center for Teaching and Learning Excellence). Click here.