(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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§104.13(a)(2)
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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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"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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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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§1630.5 Limiting, segregating, and classifying.
It is unlawful for a covered entity to limit, segregate, or classify a job applicant or employee in a way that adversely affects his or her employment opportunities or status on the basis...
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15. Q: The police department hires from a pool of applicants that have received conditional offers. Does the ADA allow a police department to re-rank the applicants in the pool based on the results of the medical examination?
The ADA allows police departments to make conditional job offers to a pool of applicants that is larger than the number of currently available vacancies if an employer can demonstrate that...
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Questions to Consider
How do these limitations affect the employee’s job performance? 3. What specific job tasks are problematic as a result of these limitations? 4....
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12112(b)(4)
(4) excluding or otherwise denying equal jobs or benefits to a qualified individual because of the known disability of an individual with whom the qualified individual is known to have a...
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12112(b)(4)
(4) excluding or otherwise denying equal jobs or benefits to a qualified individual because of the known disability of an individual with whom the qualified individual is known to have a...
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Section 1630.9(d)
However, if the individual were not able to read unaided and reading was an essential function of the job, the individual would not be qualified for the job if he or she refused a reasonable...
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Company Structure, Conduct Policy, and Discipline:
Do not assume that employee will understand structure from a simple chart of job titles Review conduct policy with employee Adjust method of supervision to better prepare employee for...
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Employees
inquiries of an employee as to whether such employee is an individual with a disability or as to the nature or severity of the disability, unless such examination or inquiry is shown to be job-related...
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68.10(4) Commencement of Construction
(4) Commencement of Construction--The date of placement of engineering stakes, delivery of lumber or other construction materials to the job site, erection of batter boards, formwork, or...
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1630.5 Limiting, segregating, and classifying
It is unlawful for a covered entity to limit, segregate, or classify a job applicant or employee in a way that adversely affects his or her employment opportunities or status on the basis...
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1630.2(n)(1)
(1) In general, the term essential functions means the fundamental job duties of the employment position the individual with a disability holds or desires....
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§1630.2(n)(1) In general
The term essential functions means the fundamental job duties of the employment position the individual with a disability holds or desires....
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What is a “reasonable accommodation”?
A “reasonable accommodation” is any modification or adjustment to a job, the job application process, or the work environment that will enable a qualified applicant or employee with a disability...
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BACKGROUND
The United States alleges that the ISP is engaged in a pattern or practice of discrimination by maintaining a policy whereby applicants for cadet job vacancies are automatically excluded...
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5.5(c) Exception for Federal Contractors Covered by Section 503 of the Rehabilitation Act and Other Federal Programs Requiring Identification of Disability
and subcontractors who are covered by the affirmative action requirements of Section 503 of the Rehabilitation Act may invite individuals with disabilities to identify themselves on a job...
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EMPLOYMENT
will not ask a job applicant about the existence, nature, or severity of a disability. Applicants may be asked about their ability to perform specific job functions. ...
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§1607.9 No assumption of validity.
The enforcement agencies will take into account the fact that a thorough job analysis was conducted and that careful development and use of a selection procedure in accordance with professional...
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Uniformed Services Employment and Reemployment Rights Act
Hal Hornburg, USAF (Ret), with two service members The Uniformed Services Employment and Reemployment Rights Act (USERRA) prohibits discrimination against employees or job applicants...
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Who Is Protected by Title I?
A qualified individual with a disability is: An individual with a disability who meets the skill, experience, education, and other job-related requirements of a position held or desired...
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Employees
inquiries of an employee as to whether such employee is an individual with a disability or as to the nature or severity of the disability, unless such examination or inquiry is shown to be job-related...