While the ADA focuses on eradicating barriers, the ADA does not relieve a disabled employee or applicant from the obligation to perform the essential functions of the job....
Search Results "Job Recruitment"
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Introduction and Purpose
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3.1 Comparison of Our Sample to U.S. Population of WhMD Users
The higher frequency of male WhMD users recruited for this study is not very surprising as two of our data collection sites (Buffalo and Pittsburgh) recruited some of their study participants...
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3.0 Comparison of Research Methodologies
The UDI study (Ringaert et al., 2001) was recruited from disability and senior organizations in Winnipeg by written invitation....
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§8.12(a)(1)
(1) The recipient demonstrates that the test score or other selection criterion, as used by the recipient, is job-related for the position in question; and...
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§1630.7 Standards, criteria, or methods of administration.
It is unlawful for a covered entity to use standards, criteria, or methods of administration, which are not job-related and consistent with business necessity, and:...
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§27.5 Qualified person with a disability
means: (1) With respect to employment, a person with a disability who, with reasonable accommodation and within normal safety requirements, can perform the essential functions of the job...
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Q. Does an employer have to give preference to a qualified applicant with a disability over other applicants?
For example, if two persons apply for a job opening as a typist, one a person with a disability who accurately types 50 words per minute, the other a person without a disability who accurately...
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1630.2(o)(1)(I)
(I) Modifications or adjustments to a job application process that enable a qualified applicant with a disability to be considered for the position such qualified applicant desires; or...
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§1630.2(o)(1)(i)
(i) Modifications or adjustments to a job application process that enable a qualified applicant with a disability to be considered for the position such qualified applicant desires; or...
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13. Notice
Section 104.8(b) requires recipients to include a notification of their policy of nondiscrimination in recruitment and other general information materials....
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12112(d)(2)(B) Acceptable inquiry
--A covered entity may make pre employment inquiries into the ability of an applicant to perform job-related functions....
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1630.2(n)(2)(II)
(II) The function may be essential because of the limited number of employees available among whom the performance of that job function can be distributed; and/or...
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§1630.2(n)(2)(ii)
(ii) The function may be essential because of the limited number of employees available among whom the performance of that job function can be distributed; and/or...
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8. Could an Employer Discriminate Against My Client Because of the Information I Provide?
Therefore, unless the information you provide shows that your client is unable to perform the essential duties of the job even with a reasonable accommodation, the employer legally cannot...
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Americans with Disabilities Act
Its employment provisions prohibit discrimination in job application procedures, hiring, advancement and termination and provide for equal access to workers’ compensation; job training;...
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Works Progress Administration Protests
The league's 300 people—most living with polio and cerebral palsy—had all been turned down for WPA jobs after the city’s Home Relief Bureau stamped their applications “PH” for “physically...
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BACKGROUND
On July 8, 2013, the Department notified the Village that it was investigating the job application procedures of the Village. ...
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§8.12(a)(2)
(2) The appropriate HUD official demonstrates that alternative job-related tests or criteria that tend to screen out fewer individuals with handicaps are unavailable....
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12112(b)(1)
(1) limiting, segregating, or classifying a job applicant or employee in a way that adversely affects the opportunities or status of such applicant or employee because of the disability...
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5.6 Testing
5.6 Testing Employers may use any kind of test to determine job qualifications. The ADA has two major requirements in relation to tests:...
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§104.13(a)(2)
(2) Alternative job-related tests or criteria that do not screen out or tend to screen out as many handicapped persons are not shown by the Director to be available....
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12112(b)(1)
(1) limiting, segregating, or classifying a job applicant or employee in a way that adversely affects the opportunities or status of such applicant or employee because of the disability...
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3. The risk must be current, not one that is speculative or remote
show that there is a current risk -- "a high probability of substantial harm" -- to health or safety based on the individual's present ability to perform the essential functions of the job...
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May employers require employees to have periodic medical examinations?
Even in these limited situations, the examinations must address specific job-related concerns....