State Agency X requires applicants for licenses to practice medicine to disclose whether they have ever had any physical and mental disabilities....
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II-3.5300 Unnecessary inquiries.
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4. Q: But to limit the police department's liability, I need to get a medical approval that it's o.k. for a job applicant to take the physical fitness test. Doesn't the ADA create a catch-22 for police departments?
The police department may also ask the applicant to sign a waiver releasing the employer from liability for injuries during the test resulting from any physical or mental disorders....
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28. Q: Does the United States ever participate in lawsuits brought by private citizens?
The United States supported the plaintiff's position that KinderCare had to make its program accessible to a boy with multiple disabilities including mental retardation....
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Introduction
legal requirements in practical terms, including: who is protected by, and who must comply with, the ADA; what the law permits and prohibits with respect to establishing qualification...
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Section 36.204 Administrative Methods (Preamble, Section-by-Section Analysis)
Congress made numerous statements during passage of section 504 regarding eliminating architectural barriers, providing access to transportation, and eliminating discriminatory effects of job qualification...
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5.3 Employment Agencies
In particular, these agencies should be informed about requirements regarding qualification standards, pre-employment inquiries, and reasonable accommodation....
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Medical Examinations
Since reasonable accommodation may include reassignment to a vacant position, an employer may be required to consider an employee's qualifications to perform other vacant jobs for which...
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Section 1630.14(c) Examination of Employees
Such standards may include Federal safety regulations that regulate bus and truck driver qualifications, as well as laws establishing medical requirements for pilots or other air transportation...
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Eligibility Criteria
However, neutral rules such as legitimate safety qualifications are permitted even when the effect is to screen out people with disabilities....
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4.1 Plan Ahead
Ask about staff qualifications and training on adapting activities and working with people with disabilities to develop a fitness program.8 8 Choosing a Fitness Center. (2006)...
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3.1 Plan Ahead
Ask about the qualifications and training of the staff on adapting activities and working with people with disabilities to develop a fitness program. 7 7 Choosing a Fitness Center...
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Using Qualified Interpreters
In some states, interpreters are also required to hold specific qualifications or certifications, either developed by the state or through the national Registry of Interpreters for the Deaf...
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Verification of Service Animals
., dated within a year of the date of travel) from a mental-health professional stating that: the passenger has a mental health-related disability; the passenger needs the...
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Examples of Involvement
Review draft of county department of mental health contract with private providers to check that ADA obligations are part of the contract....
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5. Qualified handicapped person
Under such a literal reading, a blind person possessing all the qualifications for driving a bus except sight could be said to be “otherwise qualified” for the job of driving....
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Integration
A county that contracts with segregated adult care homes for residential services for people with mental illness who could live in integrated settings like scattered-site, permanent supportive...
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Basic Principles
A public health clinic cannot require an individual with a mental illness to come for check-ups after all other patients have been seen, based on an assumption that this patient’s behavior...
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Record of a disability
disability, a student could also have a record of a disability.25 Having a record of a disability means that a person either has a history of a disability or has been misclassified as having a mental...
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II-3.6100 General
When many individuals with mental disabilities apply for benefits, they are unable to complete the application process successfully....
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B. The Release Includes State and Local Law Claims Which Are Not Addressed By The Agreements
For example, Florida law provides that disability discrimination by places of public accommodation gives rise to cause of action for "compensatory damages, including . . . mental anguish...
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III-4.1300 Unnecessary inquiries
ILLUSTRATION 2: A retail store requires applicants for a store credit card to supply information regarding their physical or mental health history....
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Section 1630.15(a) Disparate Treatment Defenses
Disparate treatment has also occurred where an employer has a policy of not hiring individuals with AIDS regardless of the individuals' qualifications....
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Obtaining Employment: What to Expect
Under the ADA, employers cannot use eligibility standards or qualifications that unfairly screen out people with disabilities and cannot make speculative assumptions about a person´s ability...
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Section 36.204 Administrative Methods (Section-By-Section Analysis and Response to Comments)
Congress made numerous statements during passage of section 504 regarding eliminating architectural barriers, providing access to transportation, and eliminating discriminatory effects of job qualification...