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...
Search Results "Job Advancement"
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a. The employer's judgment
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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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§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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§382.83(a)
(a) If you are a carrier that provides advance seat assignments to passengers (i.e., offer seat assignments to passengers before the day of the flight), you must comply with the requirements...
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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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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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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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§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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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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§382.27(a)
(a) Except as provided in paragraph (b) of this section and §382.133(e)(4) and (5) and (f)(5) and (6), as a carrier you must not require a passenger with a disability to provide advance...
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Sign language and oral interpreters
Offer sign language and oral interpreter services and realtime captioning, on advance request, for all public programs and include a notice on the Museum's website to that effect....
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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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Alternative formats
□ Ensure hard copy information is/can be provided in alternative formats such as large print, disks, or Braille when requested in advance of the meeting or event....
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§382.27(g)
(g) If a passenger does not meet advance notice or check-in requirements you establish consistent with this section, you must still provide the service or accommodation if you can do so...
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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....