the April 1, 1994 Texas Accessibility Standards (TAS) are not required to be retrofitted to reflect the incremental changes in the 2012 TAS solely because of an alteration to a primary function...
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106.5.57 Safe Harbor
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5.5(f) The Job Interview
The interviewer may describe or demonstrate the specific functions and tasks of the job and ask whether an applicant can perform these functions with or without a reasonable accommodation...
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5.5(d) Information that May Be Requested on Application Forms or in Interviews
An employer may ask questions to determine whether an applicant can perform specific job functions....
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5.5(a) Basic Requirements Regarding Pre-Offer Inquiries
An employer may ask a job applicant questions about ability to perform specific job functions, tasks, or duties, as long as these questions are not phrased in terms of a disability....
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17. Q: Do I have to create another job for an employee who, because of disability, can no longer perform the essential functions of her job even with reasonable accommodation?
A: No. The ADA does not require an employer to create jobs for people with disabilities. However, the employee must be reassigned to a vacant position for which the individual is...
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17. May an employer apply a "no-fault" leave policy, under which employees are automatically terminated after they have been on leave for a certain period of time, to an employee with a disability who needs leave beyond the set period?
leave policy to provide the employee with the additional leave, unless it can show that: (1) there is another effective accommodation that would enable the person to perform the essential functions...
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Element-by-element safe harbor for public accommodations. (Section-by-Section Analysis)
The Department is proposing to amend § 36.304(d) in order to adopt a safe harbor for elements in existing facilities that comply with the 1991 Standards, or option I in the ANPRM. ...
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§ 36.304(d)(2) Safe harbor
(d)(2) Safe harbor. Elements in existing facilities that are not altered after [insert effective date of final rule], and that comply with the 1991 Standards, are not required to be...
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General comments regarding safe harbor. (Section-by-Section Analysis)
The Department received numerous comments on this option in the ANPRM. Generally, covered entities favored a safe harbor, while entities representing individuals with disabilities...
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§ 36.403(f)(2)(i)
(i) Costs associated with providing an accessible entrance and an accessible route to the altered area, for example, the cost of widening doorways or installing ramps;
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Sec.36.403(f)(2)(i)
(i) Costs associated with providing an accessible entrance and an accessible route to the altered area, for example, the cost of widening doorways or installing ramps;
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Altered Elements on an Accessible Route
This was intended to clarify that an accessible route to an altered space or element does not have to be provided as part of the work, unless the alteration is to a primary function area...
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II. Cost-disproportionality Is Only a Factor Under Certain Circumstances
alteration, but rather as an additional alteration that is required where the path of travel to the altered area must be made readily accessible because the public entity is altering a primary function...
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11B-411.2.1.2 Required features
Hall call consoles shall include a touch screen or keypad with display screen, an accessibility function button, and audio output loudspeaker....
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11B-411.2.1.2 Required features
Hall call consoles shall include a touch screen or keypad with display screen, an accessibility function button, and audio output loudspeaker....
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11B-411.2.1.2 Required features
Hall call consoles shall include a touch screen or keypad with display screen, an accessibility function button, and audio output loudspeaker....
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Sec.36.403(f)(1)
provide an accessible path of travel to the altered area will be deemed disproportionate to the overall alteration when the cost exceeds 20% of the cost of the alteration to the primary function...
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§ 36.403(f)(1)
provide an accessible path of travel to the altered area will be deemed disproportionate to the overall alteration when the cost exceeds 20% of the cost of the alteration to the primary function...
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2. May an employer ask a job applicant whether he has or had a hearing impairment or about his treatment related to any hearing impairment prior to making a job offer?
Of course, an employer may ask questions pertaining to the applicant's ability to perform the essential functions of the position, with or without reasonable accommodation, such as:...
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1630.14(b)
(b) Employment entrance examination. A covered entity may require a medical examination (and/or inquiry) after making an offer of employment to a job applicant and before the...
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§1630.14(b) Employment entrance examination
(b) Employment entrance examination. A covered entity may require a medical examination (and/or inquiry) after making an offer of employment to a job applicant and before the...
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Section 37.43 Alteration of Transportation Facilities by Public Entities
First, if the alteration is made to a primary function area, (or access to an area containing a primary function), the entity shall make the alteration in such a way as to ensure that the...
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202.2 Additions
Each addition that affects or could affect the usability of or access to an area containing a primary function shall comply with 202.4....
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Can an Employer Require Medical Examinations or Ask Questions About a Disability?
The employer cannot refuse to hire you because of your disability if you can perform the essential functions of the job with an accommodation....