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Questions Posed in the NPRM Regarding Costs and Benefits of Complying With the 2010 Standards (Section-by-Section Analysis)
Questions Posed in the NPRM Regarding Costs and Benefits of Complying With the 2010 Standards (Section-by-Section Analysis) In the NPRM, the Department requested comment on various cost...
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Job Accommodation Network
Job Accommodation Network ________________________________________________________________ 1983 The Job Accommodation Network (JAN) opens....
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What are my rights under the ADA?
The ADA protects you from discrimination in all employment practices, including: job application procedures, hiring, firing, training, pay, promotion, benefits, and leave....
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5.5(b) The Job Application Form
5.5(b) The Job Application Form A review of job application forms should be a priority before the ADA's effective date, to eliminate any questions related to disability....
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A. Preliminary Regulatory Impact Analysis (Executive Order 12866)
Important goals of regulatory analysis are to (1) establish whether federal regulation is necessary and justified to achieve a market failure or other social goal and (2) demonstrate that...
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1. Significant risk of substantial harm
1. Significant risk of substantial harm An employer cannot deny an employment opportunity to an individual with a disability merely because of a slightly increased risk. The...
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5.5(e) Making Job Applications Accessible
5.5(e) Making Job Applications Accessible Employers have an obligation to make reasonable accommodations to enable an applicant with a disability to apply for a job....
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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?
The ADA does not require an employer to create jobs for people with disabilities....
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V. NONDISCRIMINATION IN THE HIRING PROCESS: RECRUITMENT; APPLICATIONS; PRE-EMPLOYMENT INQUIRIES; TESTING
NONDISCRIMINATION IN THE HIRING PROCESS: RECRUITMENT; APPLICATIONS; PRE-EMPLOYMENT INQUIRIES; TESTING This chapter discusses nondiscrimination requirements that apply to recruitment and the job...
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Section 1630.14(a) Pre-employment Inquiry
Such a request may be made of all applicants in the same job category regardless of disability....
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1. Job-Related
For example: A qualification standard for a secretarial job of "ability to take shorthand dictation" is not job-related if the person in the particular secretarial job actually transcribes...
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7.6 Training
7.6 Training Employees with disabilities must be provided equal opportunities to participate in training to improve job performance and provide opportunity for advancement....
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29. Does reassignment mean that the employee is permitted to compete for a vacant position?
job for which the person is qualified may prevent the employee from being out of work and the employer from losing a valuable worker.")....
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What employment practices are covered by the ADA?
This includes not only hiring and firing, but job application procedures (including the job interview), job assignment, training, and promotions....
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Inquiries Related to Ability to Perform Job Functions and Accommodations
Inquiries Related to Ability to Perform Job Functions and Accommodations An interviewer may obtain information about an applicant's ability to perform essential job functions and about...
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§1630.4(a)(1)(i)
(i) Recruitment, advertising, and job application procedures;...
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19. Q: If an officer wants to stay in a street job and his supervisor wants him to go on light duty because of a disability, can the supervisor force him to accept a light duty position?
If the employee can still perform the essential functions of the "street job" with or without reasonable accommodation, and without being a direct threat to health or safety, he or she cannot...
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What is a "reasonable accommodation"?
A reasonable accommodation is any change or adjustment to a job, the work environment, or the way things usually are done that would allow you to apply for a job, perform job functions,...
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Baseline
An analysis of the proposed guidelines compared to the DOJ 2010 Standards, other applicable standards, and industry practices is included in the appendix to the regulatory assessment....
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5.5(f) The Job Interview
5.5(f) The Job Interview The basic requirements regarding pre-employment inquiries and the types of questions that are prohibited on job application forms apply to the job interview as...
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Benefits Not Monetized in the Formal Analysis
Areas where the Department believes entities may incur benefits that are not monetized in the formal analysis include, but may not be limited to, the following: Use benefits accruing...
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Benefits Not Monetized in the Formal Analysis
Areas where the Department believes entities may incur benefits that are not monetized in the formal analysis include, but may not be limited to, the following: Use benefits accruing...
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2. The specific risk must be identified
But this person would not pose a severe threat of harm if employed in a clerical job. the likelihood that the potential harm will occur....