Know Your Rights:
Disability Accommodations
Understanding Disability and Accommodations
What counts as a disability?
The Americans with Disabilities Act (ADA, 1990) protects people who previously or currently have, or are perceived to have, a physical or mental impairment that substantially limits life activities like walking, learning, caring for oneself, communicating, or working.
Many different kinds of conditions count as disabilities, including physical disabilities, injuries, mental health conditions, neurodivergence, medical diagnoses, and more.
This definition includes both visible and invisible disabilities. It also includes impairments that are temporary or chronic.
On temporary disabilities: You are entitled to apply for accommodations for temporary disabilities like concussions, sprained limbs, or other injuries and sicknesses.
Under the ADA, universities have to provide reasonable accommodations to help you engage and access your education. At Cornell, these can be facilitated by Student Disability Services (SDS).
Importantly, no formal diagnosis is needed for you to request an accommodation. SDS will only request documentation (i.e. a diagnosis or doctor’s note) if it is necessary for them to determine if you have a disability.
What is a reasonable accommodation?
An accommodation is an adjustment that an employer or a provider of public/private services makes to their practices in order to provide equal access to people with disabilities.
The ADA says that it is illegal disability discrimination to not provide accommodations:
Title 1 of the ADA says employers must provide accommodations to allow an employee with a disability to perform the “essential functions” of their job and to enjoy equal benefits of employment (such as pay and workplace perks).
Title 3 of the ADA says that public services must be “designed, constructed, and altered in compliance with the accessibility standards” to allow their customers/attendees/etc. to access them. Doing otherwise constitutes disability discrimination.
Graduate workers who are part of the bargaining unit at Cornell are both employees and students and are entitled to accommodations under both title 1 and title 3. Grad workers who are not in the bargaining unit (i.e. fellows) should go through SDS for both sets of accommodations.
Title 1:
Accommodations for a TAship, RAship, or other appointment duties.
SDS currently denies title 1 protections to graduate students on fellowship, claiming that they are not employees. CGSU-UE’s position is that fellows are workers and should receive title 1 accommodations. If you are denied accommodations as a fellow, please talk to us!
Title 3:
Accommodations for campus services like housing, dining, performances, and gym memberships.
Academic accommodations for classes not related to your research, fall under title 3.
Both:
Accommodations for research, including classes related to your research, are both academic and employment related, so fall under both title 1 and title 3.
What are some examples of reasonable accommodations?
Since every individual experiences disability differently, accommodations are tailored to each student and their needs. Students have the right to engage in the accommodations process with SDS, which entails collaboratively identifying and finding solutions for access barriers. However, students do not necessarily have the right to a specific accommodation.
As both students and employees, graduate student workers are covered for accommodations under both Title 1 (employment) and Title 3 (education) of the ADA. Below are some examples of potential accommodations:
Title 1: Employment
Part-time or modified work schedules
Reassignment to a vacant position
Acquisition of adapted equipment or devices used for work
Appropriate adjustment of job training or employment tests
Provision of qualified readers or interpreters
Title 3: Education
Extended time on exams
Flexible assignment deadlines or extra time
Food, water, and breaks during exams or classes
Attendance modifications (virtual/remote attendance), excused absences
Allergen-free dining for students on meal plans
Modern HVAC systems in campus housing
Private housing or bathrooms
Both
Use of sensory supports during class, work, or exams (earplugs, fidget toys, weighted blanket, etc.)
Auxiliary aids (CART, ASL interpretation, note-takers, scribes, assistive listening systems, accessible electronic materials)
The following are some examples of how Cornell graduate workers with different kinds of disabilities might use accommodations in their day-to-day job duties:
A neurodivergent graduate worker in engineering has difficulty with auditory processing in conversations. SDS provides them with an iPad and a premium subscription to the transcription service OtterAI. The app provides live auto-transcribed captions and recorded notes when the worker meets with their advisor or collaborators.
A graduate worker who has sprained their ankle cannot walk long distances. SDS provides them with the CULift campus taxi service to transport them to their office and teaching building.
A graduate worker with ADHD has difficulty arriving at their appointment on time due to time blindness. SDS provides them with the CULift campus taxi service to give them a ride to campus each morning at a pre-scheduled time, which helps them arrive on time.
A graduate worker with sensory sensitivities has difficulty concentrating on their work in the presence of background noise. SDS provides them with noise-cancelling headphones.
A graduate worker with chronic pain has difficulty working in-person because the commute flares their pain. They receive an accommodation to work from home.
A graduate worker with a physical disability is unable to operate some laboratory equipment because it does not fit their assistive devices. If analyzing data collected by the instrument is the essential function of their work, Cornell could assign someone else to operate the equipment and provide the data to the graduate worker. If literally operating the equipment is an essential function of their work, Cornell must provide them with an accessible alternative, such as purchasing new equipment or modifying the equipment.
A graduate teaching assistant with a physical disability is unable to set up the AV system for the class they teach. Cornell designates an IT support person to assist them at the beginning of every class.
While these examples span a variety of needs, the accommodations process is individualized for every person. There is no predetermined list of accommodations that Cornell will or will not approve, because what is “reasonable” depends on each person’s situation. However, there are common accommodations that are more common and more likely to get approved. Accommodations can be creative! If something is relevant to your function as a student or as an employee but has not been granted before, it is always worth reaching out and asking.
What are the essential functions of my job?
“Essential functions” are the duties that define a job. The ADA states that individuals may use reasonable accommodations to perform the essential functions of that job and that if they can do the job (with or without reasonable accommodations), they are “qualified.” As graduate workers, these essential functions vary based on appointment type and field, but they often include:
Conducting research activities
Teaching or teaching assistance duties as part of a TA appointment
Maintaining records in the form of lab notebooks or similar
Communicating with your the professor you TA for, or other supervisors
Communicating and coordinating with collaborators such as labmates or co-authors
Supervising or mentoring undergraduates
Reading, writing, and peer reviewing papers
Attending and presenting your work at conferences
Getting an Accommodation
What is the process for applying for an accommodation?
0: (Contact your union rep) If you encounter a need for accommodation and would like support to request it, contact your union steward and discuss with them your situation. They can give advice, and act as a support person in your meetings with the University and ensure that the process is followed, and refer you to CGSU-UE’s disability justice committee for more specialized support. While it's optional for you to engage a steward, accompanying you through the process helps us stay aware of issues so that we can target our advocacy efforts.
I: (Initiation) Submit a request to SDS on their portal.
II: (Process) SDS initiates an interactive process with the worker. The process is started by the University upon receiving the request promptly, in no case later than 5 working days. See the following questions for more details.
III: (Conclusion) At the conclusion of the interactive process, SDS shall notify in writing either explaining the accommodations that will be provided, or for denials, the reason the request was denied.
IV: (Implementation) The university will implement the accommodations. If the University delays in implementation, or denies any reasonable accommodation, contact your union steward.
What is an interactive process?
An “interactive process” is a legally mandated negotiation under Title 1 (pertaining to employment accommodations) during which an employer (the University) and employee (the Worker) collaboratively determine which reasonable accommodations it can provide for the Worker. The purpose of this is to help the Worker fulfill the job’s essential functions. An effective interactive process is as follows:
The Worker and the University meet and
analyze the particular job involved and determine its purpose and essential functions.
ascertain the precise job-related limitations imposed by the individual’s disability
identify and evaluate potential accommodations. Assess the effectiveness of each accommodation.
prioritize the preference of the worker and select and implement the accommodation that is most appropriate for the worker.
The University will
provide interim accommodation that may provide relief to the Worker while the interactive process is completed.
implement an identified accommodation promptly
ensure that the accommodation remains effective for the Worker.
What is a fundamental alteration?
A “fundamental alteration” of a public service (such as education) is a modification that would materially change its core purpose, essential features, or basic operation enough that it stops being what it was before the change. Under Title 3 of the ADA, private institutions that provide such services reserve the right to decline to make changes that it deems to be such a significant alteration.
At Cornell, fundamental alterations apply to accommodations you might request as a student receiving an education. After receiving your accommodations letter, faculty members may assess whether your requested accommodations constitute a fundamental alteration to their course. If they believe it does, they can submit their concerns to a committee assembled by the university to make a final determination, as described in the Fundamental Alteration Review Process.
What medical documentation is required to receive an accommodation?
Cornell states on their website that “We do not ‘medicalize’ the process of seeking accommodations. While supporting documentation can be helpful, we recognize that there are a variety of factors that can impact your ability to obtain it. We are committed to working with you to find appropriate and creative ways to support your access at Cornell.”
This means that there are no required medical documents to request accommodations. Students may subsequently be required to provide such documents to receive a particular accommodation.
Cornell recommends that if you have medical documents, you provide them. They have forms for medical documents for mental health disabilities, asthma and allergy disabilities, and physical or chronic disabilities. They especially recommend providing documentation for unlisted disability categories to smooth the process of getting accommodations.
Records or reports produced by Cornell Health shall be accepted as the requested documentation. SDS provides additional examples of potential documentation here.
Employees may use communication about or documentation of previously granted accommodations as supporting documentation for future accommodation requests.
Your Rights as a Graduate Worker
How is the union involved?
CGSU-UE recognizes that your disability doesn’t only affect your life as a student. Therefore, CGSU-UE’s contract has provisions that help you access accommodations as a graduate worker. You can find all the relevant information in Article 12 of our contract, “Accommodations.”
While Cornell graduate workers were always eligible for accommodations as both students and employees under Title 1 and Title 3, CGSU-UE's contract specifies a grievance procedure to help enforce this. This means that union representatives can assist you when appealing accommodations denials, and you are protected by rules related to prompt resolution and other factors. This process is much more clear and accessible than the legal avenues that were the primary ones available before.
What rights do I have during the process or in a meeting with SDS?
A Worker has the right to be accompanied by a support person and an auxiliary aide (e.g., an interpreter, a personal care attendant, a communication board) during their interactive process.
A union steward can go with the worker as a support person. They will help ensure the process goes correctly.
A Worker is entitled to receive accommodations to engage in the meetings with SDS (captions etc)
Workers shall be granted reprieve from work by their supervisors to attend meetings with SDS without retaliation or loss of pay.
The worker has the right to interim relief and support measures while the process is completed.
The worker can request an accommodation without any medical documentation. (Note: they are not entitled to receive accommodations without documentation)
The University shall not request medical documentation that is not accessible to the worker.
The University shall send written notification of reason for any denial
I would benefit from accommodations but am worried about stigma. What are my rights to privacy?
SDS accommodations are considered academic records so are protected under FERPA. Cornell health records are covered under HIPAA.
As a steward, how should I handle an accommodations-related request or grievance?
If you are a steward working on an accommodations-related grievance, you can get advice from the members of the Disability Justice Committee, as they have lots of experience in dealing with issues related to accommodations requests.
As a reminder, graduate workers can request union representation through the form available on CGSU-UE’s website (cgsu.org/help). After they fill the form, a steward will get in touch with them. Graduate workers can also ask for help by talking directly to an elected steward or officer. You can find a full list of stewards and officers at cgsu.org/stewards.
Why should I go through the SDS process instead of informally asking my supervisor?
Eligibility for your right to accommodation: If you make a general request for flexibility without disclosing that it’s disability-related, it is not considered an accommodation request under the ADA. Cornell is not required to approve these informal requests or go through the interactive process to evaluate them, even if the request would otherwise be covered by the ADA. If a supervisor voluntarily agrees to accommodate an informal request for flexibility, they have no obligation follow through on that commitment later, and workers have no protection if they forget, get busy, or change their mind (this has happened to grads at Cornell in the recent past).
Your request is considered by people who are knowledgeable about disability laws: If you do disclose that the request is disability-related to your supervisor rather than to SDS, the request is technically covered under the ADA but may not receive proper consideration if your supervisor is unaware of disability rights laws. CGSU recommends starting with SDS so you are legally protected as much as possible. If SDS determines that disability rights laws do not require your request to be approved (and you don’t want to appeal), you may ask your supervisor for flexibility, with the knowledge that the request is now informal and not protected by disability rights laws.
Sensitive handling of disability information: SDS honors confidentiality and does not disclose disability information to supervisors or other individuals. Unlike supervisors, they are trained in how to handle disability and medical information appropriately so that it is not shared or misused.
Delayed requests may not be honored: If you previously received an accommodation through informal means, SDS takes the position that the department or unit providing it already has a certain amount of flexibility (even if this flexibility is insufficient, causing you to submit a formal request). This means they do not classify the request as an access barrier and find it to fall out of scope of their responsibilities.
What happens if I am denied reasonable accommodation?
SDS has an informal complaint resolution process that you can use to appeal a denial. https://sds.cornell.edu/accommodations-services/resolving-complaints
We have used the grievance procedure in our contract to fight denials. Talk to a steward in your area to ask if this approach could work in your case. CGSU’s disability justice committee will assist in this grievance process.
Resources
How can I get involved in the disability community at Cornell?
CGSU-UE Disability Justice Committee
Student Neurodiversity Alliance at Cornell (SNAC)
Where can I learn more about employment accommodations?
AskJAN - Job Accommodations Network
ADA National Network (ADANN)