Frequently Asked Questions

Click on the title link below to answer questions listed underneath:

Examples of Questions related to Equal Employment Opportunity:

• What if I wish to stop unwelcome behavior on my own?
• What are some sample corrective actions for employees and students in a sexual harrasssment situation?
• What kinds of questions will an intake interviewer ask me?

Examples of Questions related to the Americans with Disabilities Act:

• If I have a note from my doctor/chiropractor/physical therapist stating that I need an ergonomic chair for my back condition, doesn't the College have to provide one?
• If an employee is covered by the ADA are they held to the same job and behavior standards applied to employees without disabilities?
• Who decides what is a reasonable accommodation?
• Is the employer required to pay for an outside second medical opinion?
• Is an employee covered by the ADA once they make a request for an accommodation?
• If my doctor states that I am disabled, don't I qualify for coverage under the ADA?
• If my former employer provided me with an ADA accommodation, shouldn't my current employer be required to provide me with the same accommodation?
• If I had back surgery, don't I qualify under the ADA?
• If my employee breaks or sprains his ankle and is on crutches, are we required to provide a special parking space near the building entrance?
• If a student gives me a letter from Disabled Student Resources identifying approved accommodations, what is my responsibility as an instructor?
• If a student/employee has a seizure in my class or work area, what am I supposed to do?
• What is an "obvious" disability?

What if I wish to stop unwelcome behavior on my own? (click to go to top of page)

Here are some tips for stopping unwelcome behaviors:

• Set the ground rules for your interaction
• Let the hararraser know that their behavior is unwelcome:
• Ask the harasser to stop the behavior.
• You may wish to do this in the form of a letter.
• Be polite but firm.
• Do not apologize.
• Say "NO".

What are some sample corrective actions for employees and students in a sexual harrasssment situation?

Below are some corrective actions that may be taken:

Below are some of the questions an intake interviewer may ask you about a complaint:

• What exactly was told to you?
• When and where did this incident occur?
• Were there any witnesses to this event?
• Have you discussed the incident with anyone else? Who? How may I reach them?
• Do you know anyone else who might be able to comment on the situation?
• What day and time of day did this incident occur?
• In what capacity do you know the complainant/respondent?
• Have you made any notes regarding the incident? May I see them?
• What did you do after you told the sexual joke?
• How did you feel when he/she touched you?
• What happened after you asked her/him to stop?
• What specifically happened?
• So far you stated.........Am I correct?
• What behavior occurred that you felt was discriminatory?
• What are the resolutions to this incident?

What are the responsibilities of employers with regard to harassment?

• Stop/Eliminate the harassment.
  • Discipline the offender
  • Make the victim whole (do not penalize for filing complaint)
• Ensure the harassment does not recur (institute preventative measures)

I'm going to be an intake interviewer. Do you have any tips?

• Listen
• Explain your role in the process
• Be fair
• Be empathetic, not sympathetic
• Obtain facts, not hearsay
• Ask open-ended questions (what, where, when, who, how?)
• Make no assumptions
• Don't ask questions that state assumptions by you
• Take good notes
• Allow adequate time
• Conduct all conversations in private
• Constantly express confidentiality - "Need to know basis"
• Talk to all parties necessary (complainant, respondent, witnesses)
• Keep complainant informed
• Maintain calendar integrity
• Reinforce non-retaliation policy
• When in doubt, ask for assistance

What are the limits of confidentiality?

• As agents of the College we cannot promise confidentiality.
• The College can be liable for the improper actions/decisions of its agents.
• The following do NOT apply to any employee representing the College:
• "off the record"
• "qualified privilege"
• Only those with an identified need to know are made aware of the complaint.
• Records are not immune from the legal process.

What are the key steps for administrative reviewers?

• Review Complaint Documentation from Intake Interviewer Review Documentation.
• Assess and Determine Need for Review
• Meet with Complainant
• Explain Role - Confidentiality
• Clarity/Confirm Allegations
• Verify Desired Resolution(s)
• Determine Whether to Accept, Refer, of Reject
• Accept Complaint
• Investigate and Interview
• Evaluate Evidence
• Formulate Findings/Conclusions
• Review with AA Officer
• Resolution
• Meet with Complainant
• Inform of Outcome
• Attempt Resolution
• Obtain Signatures
• Close Case or Refer to Next Step
• Reject or Refer Complainant
• Meet with Complainant
• Inform of Outcome
• Obtain Signatures on Section 2 Form
• Close Case or Refer

Example of Retaliation:

Retaliations can be inferred when a negative or disciplinary action against an individual can be directly related to an individual's recent exercising of a right

Example: An employee files a discrimination complaint involving his/her supervisor. Up to this time the employee'e performance ratings have been excellent. Within a short time, the employee's performance is rated by her/his supervisor as unsatisfactory. This would infer possible retaliation.

Call to Refer Complaints directly to the Affirmative Action Office under the following conditions:

• Administrator is named as respondent
• Complaint is based on retaliation
• Complaint involves physical violence
• Applicant for employment complaints

Frequently Asked ADA Questions: (click to go to top of page )

If I have a note from my doctor/chiropractor/physical therapist stating that I need an ergonomic chair for my back condition, doesn't the College have to provide one?
Back conditions do not automatically qualify for ADA coverage. Ergonomic needs are not equal to ADA requirements.
The ADA requires each accommodation request be analyzed on an individual basis before an accommodation is provided or denied.

If an employee is covered by the ADA are they held to the same job and behavior standards applied to employees without disabilities?

If an employee is covered by the ADA, they are held to the same job and behavior standards the same as other employees as long as the accommodation is effective and reasonable.

Who decides what is a reasonable accommodation?

The employee and the employer discuss possible reasonable accommodations; however, the final decision for effective and reasonable will be the employer's.

Is the employer required to pay for an outside second medical opinion?

If the employer determines they need a second medical opinion, they must pay for the second opinion; but the employer is not required to obtain a second opinion.

Is an employee covered by the ADA once they make a request for an accommodation?

No, coverage does not begin until the employee's request has been analyzed and a qualified eligibility determination has been made.

If my doctor states that I am disabled, don't I qualify for coverage under the ADA?

Not necessarily, disability defined under the ADA can be different than how the term is used for insurance, worker compensation or social security purposes. An individual assessment is always required.

If my former employer provided me with an ADA accommodation, shouldn't my current employer be required to provide me with the same accommodation?

Not necessarily, the individual's current condition and the specific job must be analyzed to determine coverage.

If I had back surgery, don't I qualify under the ADA?

Back surgery does not automatically qualify anyone for ADA coverage. An individual assessment must be conducted.

If my employee breaks or sprains his ankle and is on crutches, are we required to provide a special parking space near the building entrance?

Temporary conditions are not covered by the ADA. A condition is considered temporary if it will be corrected within 12 months. However, each situation is evaluated on a case by case basis; as a rule, broken bones or sprains are considered temporary conditions.

If a student gives me a letter from Disabled Student Resources identifying approved accommodations, what is my responsibility as an instructor?

First, an instructor is to read the letter to determine what the approved accommodation requires. Is it approving the student for extended time on tests, a note taker, and interpreter, special seating, etc.

Second, if the instructor has any questions about how to implement the accommodation or how the accommodation may affect or impact the purpose/nature of the class, the instructor is to contact the DSR specialist immediately to obtain guidance or have questions answered.

Third, an instructor is not able to deny an approved accommodation; discussion must take place with DSR and the area Dean.


If a student/employee has a seizure in my class or work area, what am I supposed to do?

An instructor or supervisor is responsible to ensure that the student/employee is protected from harm. Stay calm, remove hazards, don't move the person, protect airways by gently turning the person on one side so that any fluid in the mouth can drain safely. When the seziure ends, provide help to find a place where the person may rest if they wish. 

What is an "obvious" disability?

According to the Job Accommodation Network, obvious disabilities are visible to other people. Common examples include quadriplegia, spastic cerebral palsy and amputations. For example, one would probably not classify muscular tension dysphonia as an obvious disability. It's appearance does not indicate that the person is substantially limited in one or more major life activities or that they even have an impairment. 

For more information visit:

How to Determine Whether a Person Has a Disability under the Americans with Disabilities Act (ADA)
http://www.jan.wvu.edu/corner/vol02iss04.htm