Risk Cannot be Speculative or Remote The results of a medical examination may not disqualify persons currently able to perform essential job functions because of unsubstantiated speculation...
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Risk Cannot be Speculative or Remote
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7.3 Nondiscrimination in all Employment Practices
procedures; Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, termination, right of return from layoff, and rehiring; Rates of pay or any other form of compensation...
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3. What if my mental health condition could affect my job performance?
You may have a legal right to a reasonable accommodation that would help you do your job. A reasonable accommodation is some type of change in the way things are normally done at work....
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Examples of Contractor Cases
from this job....
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7.1 Introduction
The preceding chapters have explained these requirements as they apply to job qualification and selection standards, the hiring process, and medical examinations and inquiries....
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13. Q: Can police departments still use polygraph tests at the application stage or do we have to wait until a conditional job offer has been made?
A: You can conduct polygraph exams before a conditional job offer is made....
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9.5 Do the ADA's Pre-Employment Inquiry and Confidentiality Restrictions Prevent an Employer from Filing Second Injury Fund Claims?
and require a medical examination after a conditional offer of employment, and before a person starts work, so long as the examination or inquiry is made of all applicants in the same job...
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35. Must an employer withhold discipline or termination of an employee who, because of a disability, violated a conduct rule that is job-related for the position in question and consistent with business necessity?
An employer never has to excuse a violation of a uniformly applied conduct rule that is job-related and consistent with business necessity....
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20. When an employee requests leave as a reasonable accommodation, may an employer provide an accommodation that requires him/her to remain on the job instead?
employer provides an effective accommodation.(57) Accordingly, in lieu of providing leave, an employer may provide a reasonable accommodation that requires an employee to remain on the job...
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43. Must an employer modify the work hours of an employee with a disability if doing so would prevent other employees from performing their jobs?
If the result of modifying one employee's work hours (or granting leave) is to prevent other employees from doing their jobs, then the significant disruption to the operations of the employer...
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19. Specific acts of Discrimination
Sections 104.15 (recruitment), 104.16 (compensation), 104.17 (job classification and structure) and 104.18 (fringe benefits) have been deleted from the regulation as unnecessarily duplicative...
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Signing Ceremony for Americans with Disabilities Act (July 26, 1990)
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36. Must an employer provide a reasonable accommodation for an employee with a disability who violated a conduct rule that is job- related for the position in question and consistent with business necessity?
His job responsibilities involve telephone contact with the company's traveling sales representatives, who depend on him to answer urgent marketing questions and expedite special orders....
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§8.10(c)(3)
(3) Rates of pay or any other form of compensation and changes in compensation;...
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b. State Laws
State Laws ADA requirements supersede any conflicting state workers' compensation laws....
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28. Does an employer have to notify an employee with a disability about vacant positions, or is it the employee's responsibility to learn what jobs are vacant?
Does an employer have to notify an employee with a disability about vacant positions, or is it the employee's responsibility to learn what jobs are vacant?...
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How to Use This Manual
Chapter II also provides practical guidance on identifying "essential" job functions. Chapter III. ...
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Sec. 469.053(c)
(c) A committee member may not receive compensation for service on the committee but is entitled to reimbursement for actual and necessary expenses incurred in performing functions as a...
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Monetary Relief
Monetary Relief UPDC agrees to pay $27,500 to compensate the aggrieved person described in Paragraph 2 of this Agreement. ...
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VII. Work Study, Cooperative Vocational Education, Job Placement, and Apprentice Training
[See subsections ...]
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2.3 Employment.
Both rules also incorporate the EEOC requirements found in 29 CFR part 1630, including prohibitions on discrimination in job application procedures, hiring, firing, advancement, compensation...
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§100.143(d)(1)
(1) If the self-test identifies individuals whose applications were inappropriately processed, offering to extend credit if the applications were improperly denied; compensating such persons...
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D. Technical standards for construct validity studies
(2) Job analysis for construct validity studies. There should be a job analysis....
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Physical and Mental Qualification Standards
and construction industries; police and fire fighter jobs; security guard jobs) or to protect health and safety....