Effective Communication
In accordance with the Americans with Disabilities Act (ADA), Brown is required to communicate effectively with individuals who have communication disabilities. In addition to how unique an individual’s communication needs may be, members of the Brown community also engage with each other in a variety of complex ways. Consider the differences in complexity in providing accommodations between these examples: a short video about a new program offering; attendance at a graduation; an annual employee performance evaluation; an upper-level lecture in a very technical course.
To fulfill this requirement of the ADA, Brown employees will seek solutions on a case-by-case basis that consider a variety of communication needs. Examples of possible solutions include American Sign Language interpreters, video remote interpreting, captioning on videos, accessibility electronic and information technology, and the provision of large print materials. Determining which solution is most appropriate involves consideration of the nature, length, complexity, and context of the communication and consideration of the individual’s normal methods of communication.
Information and Communication Technology (ICT)
As defined by the U.S. Access Board, Information and Communication Technology (ICT) refers to: information technology and other equipment, systems, technologies, or processes, for which the principal function is the creation, manipulation, storage, display, receipt, or transmission of electronic data and information, as well as any associated content. ICT should be pursued with accessible design for individuals with disabilities.
Non-Apparent Disability
Disability:IN recommends use of the term Non-Apparent Disability when referring to “mental illnesses, learning and attention issues, some physical illnesses, neurodiversity, and many other disabilities which are not apparent.” This term is descriptive and does not have negative implications. Per Disability:IN, for some persons with disabilities, the phrase invisible disabilities can be considered offensive, implying the person is not visible. The phrase hidden disabilities could imply the person is choosing not to share that they have a disability or that the disability may never become visible.
Reasonable Accommodations & Modifications
The U.S. Department of Education Office for Civil Rights distinguishes between the term “reasonable accommodation” (utilized in the context of employment) and “reasonable modification” (utilized in the context of an educational setting) as follows:
Reasonable Accommodation
A term used in the employment context to refer to modifications or adjustments employers make to a job application process, the work environment, the manner or circumstances under which the position held or desired is customarily performed, or that enable a covered entity's employee with a disability to enjoy equal benefits and privileges of employment. This term is sometimes used incorrectly to refer to related aids and services in the elementary and secondary school context or to refer to academic adjustments, reasonable modifications, and auxiliary aids and services in the postsecondary school context.
Reasonable Modification
Under a regulatory provision implementing Title II of the ADA, public entities are required to make reasonable modifications in policies, practices or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the public entity can demonstrate that making the modifications would fundamentally alter the nature of the service, program or activity.
At Brown, determinations of reasonable ADA accommodations and modifications are created, documented, and distributed by specific offices, including Student Accessibility Services (SAS) and University Human Resources. Employee requests may be submitted using the Reasonable Accommodation Request Form.
Undue Burden or Undue Hardship
The ADA refers to the term undue hardship “as an action requiring significant difficulty or expense.” Many people also use the term undue burden to mean the same thing. However, making a determination of Undue Burden must be performed by a person who understands both the legal implications of the term and the financial state of the University. Federal guidance specifies that the person or persons responsible for determining Undue Hardship should have the “ budgetary authority and responsibility for making spending decisions, after considering all resources available for use in the funding and operation of the service, program, or activity.”
Voluntary Product Accessibility Template® (VPAT®)
Members of the Brown community may see the term “VPAT” used when Brown is in the process of acquiring or reviewing information and communications technology. Federal laws and regulations require certain businesses and organizations to comply with standards of accessibility for information and communications technology (ICT) products. Manufacturers or vendors may utilize a free template, a VPAT, developed by the Information Technology Industry Council (ITI) to declare or attest to their product’s level of accessibility. The four templates currently available are built to respond to the U.S. Federal accessibility standard (Revised Section 508 standards), the European Union’s accessibility standards, the Web Content Accessibility Guidelines (WCAG), and the final template incorporates all three standards.
