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....
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Introduction and Purpose
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a. The employer's judgment
functions are essential does not mean that an employer will be second-guessed on production standards, setting the quality or quantity of work that must be performed by a person holding a job...
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Medical examinations, screening and monitoring required by other laws
As indicated in Chapter IV, the ADA recognizes that an action taken to comply with another Federal law is job-related and consistent with business necessity; however, requirements of state...
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§104.13(a)(1)
(1) The test score or other selection criterion, as used by the recipient, is shown to be job-related for the position in question, 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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§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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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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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. 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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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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Selection of Locations
Bradford Woods was selected as a result of a direct advertising recruitment method for testing sites....
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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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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....
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16. Reasonable accommodation
Where a handicapped person is not qualified to perform a particular job, where reasonable accommodation does not overcome the effects of a person's handicap, or where reasonable accommodation...
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"Direct Threat" to Self
based on stereotypes, patronizing assumptions about a person with a disability, or generalized fears about risks that might occur if an individual with a disability is placed in a certain job...
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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...