To which entities does the ADA apply?
Title I (Employment) and Title II (Government Activities) and of the Americans with Disabilities Act apply to Western.
What data is covered?
Records that includes an individual’s medical information, such as on or within:
- Employee leave records (departmental and Human Resources)
- Accommodation requests
- Affirmative action forms
What are the compliance requirements?
Title I: Employment
When an employee or applicant for employment requests accommodation for a disability, the nature of the disability and all associated medical records are confidential and are to be maintained in separate medical files.
Additionally, information related to disability that is gathered for the purpose of affirmative action reporting or employment related medical examinations is also confidential.
Title II: State and Local Government Activities
When an individual who wishes to participate in a state government (university) activity the law limits the types of inquiries a government agency may make related to an individual’s disability. Any medical information obtained through such inquiries must be treated in a confidential, need to know basis.
Legal Authority: Title I: Equal Employment Opportunity Commission;
U.S. Department of Labor
Title II: U.S. Department of Justice; Civil Rights Division
Law/regulations: ADA Title I
University Policy: Equity and Inclusion Policies
Privacy Owners: AVP for Human Resources (employees)
Director & Deputy ADA Coordinator (students)
Director of CRTC/ADA Coordinator (public patrons)
