Disabled or Handicapped Individual:

State Law: The Wisconsin Fair Employment Act (s.111.32) defines a handicapped individual as an individual who:

  1. Has a physical or mental impairment which makes achievement unusually difficult or limits the capacity to work;
  2. Has a record of such an impairment; or
  3. Is perceived as having such an impairment.

Federal Law: The Americans with Disabilities Act of 1990 (42 U.S.C. 12102) and Section 504 of the Rehabilitation Act defines a disabled individual as an individual who:

  1. Has a mental or physical impairment which substantially limits one or more of such person’s major life activities;
  2. Has a record of such impairment; or
  3. Is regarded as having such impairment.

Physical or mental impairment:
A physiological disorder or condition, cosmetic disfigurement, or anatomical loss such as epilepsy, paralysis, HIV infection, AIDS, or substantial hearing or vision impairment, or (b) a mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness and specific learning disabilities. Examples of conditions that would not be disabilities are short-term, non-chronic conditions such as a broken bone, a sprain or a common cold. An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active.

Major life activities:
The activity of caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating and working. A major life activity also includes the operation of a major bodily function, including but not limited to, functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.

Substantially limits:
A material restriction of the duration, manner or condition under which an individual can perform a major life activity when compared to the average person’s ability to perform that same major life activity. Temporary impairments that take significantly longer than normal to heal, long-term impairments, or potentially long-term impairments of indefinite duration may be disabilities if they are severe.

Record of such an impairment:
An individual who has a history of, or has been classified as having, a mental or physical impairment that substantially limits one or more major life activities. Individuals who have been misclassified by a school or hospital as having mental retardation or a substantially limiting learning disability would be covered by this part of the definition of disability.

Is regarded as having an impairment:

An individual who has an actual physical or mental impairment and the University is aware of such impairment, or an individual who the University perceives to have a physical or mental impairment (whether one exists or not).

Qualified employee with a disability:
An individual who has a disability as defined by this policy and who has the experience, education, and/or training to enable him or her, with or without a reasonable accommodation, to perform the essential functions of the job.

Reasonable accommodation:

A modification or adjustment to a job or the work environment that will enable a qualified applicant or employee with a disability to participate in the application process, perform the essential job functions and/or participate in the educational opportunities, programs and activities of the University. Reasonable accommodation also includes adjustments to assure that a qualified individual with a disability has rights and privileges in employment equal to those of employees without disabilities.

Undue hardship:
An accommodation that would be unduly costly, expensive, substantial or disruptive, or that would fundamentally alter the nature or operation of the University’s business.

Direct threat to health or safety:
A condition, impairment or conduct that an employer has determined on the basis of legitimate and reasonable evidence that an individual’s employment at UW-Stout poses a direct threat to the health or safety of the individual or others in the workplace. A determination of a direct threat may not be based solely upon speculation or unsubstantiated evidence.