Laws and Policies

Section 504 of the Rehabilitation Act of 1973

This civil rights statute, Section 504 , as amended in 1990, is designed to prevent discrimination against persons with disabilities. It provides that: No otherwise qualified individual with disabilities in the United States shall, solely by reason of their disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.

This law requires that postsecondary schools be prepared to make appropriate accommodations and reasonable modifications to their college’s procedures and practices, so that students with disabilities can fully participate in the same programs and activities that are available to students without disabilities.

The Americans with Disabilities Act of 1990 (ADA)

The Americans with Disabilities Act (ADA) is also a civil rights law. It helps to implement and enforce Section 504 and outlines additional protections. While Section 504 of the Rehabilitation Act of 1973 states that public institutions cannot discriminate on the basis of disability if they receive federal funds, the Americans with Disabilities Act of 1990 states that, with or without federal funds, public institutions cannot discriminate on the basis of disability. Private colleges and universities are covered by the ADA unless they are entirely owned and operated by religious organizations.

The Americans with Disabilities Act Amendments Act of 2008 (ADAAA)

The Americans with Disabilities Act Amendments Act (ADAAA) intends to carry out the ADA’s objectives of providing “a clear and comprehensive national mandate for the elimination of discrimination” and “clear, strong, consistent, enforceable standards addressing discrimination” by reinstating a broad scope of protection to be available under the ADA.

The ADAAA clarifies and expands the definition of “disability” under the law

Disability — The term ‘disability’ means, with respect to an individual

1. a physical or mental impairment that substantially limits one or more major life activities of such individual;
2. a record of such an impairment; or
3. being regarded as having such an impairment.

Additionally, there is clarification regarding “major life activities” and “impairment”

Major Life Activities

1. In general, major life activities include but are not limited to caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working.
2. Major bodily functions, a major life activity, also include 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.

Regarded as having such an impairment

1. An individual meets the requirement of ‘being regarded as having such an impairment’ if the individual establishes that they have been subjected to an action prohibited under this Act because of an actual or perceived physical or mental impairment, whether or not the impairment limits or is perceived to limit a major life activity.
2. Shall not apply to impairments that are transitory and minor. A transitory impairment is an impairment with an actual or expected duration of 6 months or less.
3. The term ‘substantially limits’ shall be interpreted consistently with the findings and purposes of the ADA Amendments Act of 2008.
4. An impairment that substantially limits one major life activity need not limit other major life activities in order to be considered a disability.
5. An impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active.
6. The determination of whether an impairment substantially limits a major life activity shall be made without regard to the ameliorative effects of mitigating measures such as—medication
   • medical supplies
   • equipment or appliances
   • low-vision devices (which do not include ordinary eyeglasses or contact lenses)
   • prosthetics, including limbs and devices
   • hearing aids, cochlear implants, or other implantable hearing devices
   • mobility devices or oxygen therapy equipment and supplies
   • use of assistive technology
   • reasonable accommodations, auxiliary aids, or services
   • learned behavioral or adaptive neurological modifications

Section 508 Standards

Section 508 is a federal law that requires agencies to provide individuals with disabilities access to electronic and information technology and data comparable to that of individuals without disabilities, unless an undue burden would be imposed on the agency. Specific criteria cover software applications and operating systems, web-based information and applications, computers, telecommunications products, video and multimedia, and self-contained closed products.

Non-Discrimination

• It is the policy of the University of Hawaiʻi to comply with Federal and State laws which prohibit discrimination in University programs and activities, including but not necessarily limited to the following laws which cover students and applicants for admission to the University:
• Title VI of the Civil Rights Act of 1964, as amended (race, color, national origin)
• Age Discrimination Act of 1975 (age)
• Title IX of the Education Amendments of 1972 (sex, blindness, severely impaired vision)
• To comply with Federal and State laws which prohibit discrimination in employment (including but not limited to hiring, firing, upgrading), salaries, benefits, training, and other terms, conditions, and privileges of employment
• Title VII of the Civil Rights Act of 1964, as amended (race, color, national origin, religion, sex, pregnancy)
• Executive Order 11246, as amended (race, color, national origin, religion, and sex)
• Equal Pay Act of 1963, as amended by Title IX of the Education Amendments of 1972 (sex)
• Age Discrimination in Employment Act of 1967 (ages 40-70)
• Section 402 of the Vietnam Era Veteran’s Readjustment Assistance Act of 1974 (veteran’s status)
• Section 503 and 504 of the Rehabilitation Act of 1973 (disability)
• Hawaiʻi Revised Statutes, Chapter 76, 78, 378 (race, sex, sexual orientation, age, religion, color, ancestry, political affiliation, disability, marital status, arrest, and court record)

UH Hilo strives to promote the full realization of equal opportunity through a positive, ongoing program that includes Titles I-IV of the Americans with Disabilities Act (ADA), P.L. 101-336. Accordingly, vocational education opportunities will be offered without regard to race, color, national origin, sex, or disability. American citizens or immigrants with limited English proficiency skills will not be denied admission to vocational education programs.

Discrimination Complaints

Students, employees, or applicants for admission or employment who believe they have been discriminated against on the basis of race, sex, age, religion, color, ancestry, sexual orientation, national origin, disability, marital status, veteran’s status, or arrest and court record may file a complaint with:

Shaunda Makaimoku,
Interim Director,
Office of Equal Opportunity
(808) 932-7949
shaunda@hawaii.edu

The process of addressing allegations of discrimination is described in the University of Hawai’i’s Administrative Procedure 1.202.

Students may also file complaints of discrimination with the:

Office of Civil Rights
915 Second Avenue, Rm. 3310
Seattle, WA 98174-1099
Phone: (206)220-7920
Fax: (206)220-7887