Employers may ask questions that relate to the applicant's ability to perform job-related functions. However, these questions should not be phrased in terms of disability....
Search Results "Essential Function"
2010 ADA Definition
Essential Function: From 29 CFR Part 1630, section 1630.2(n)(1): The term essential functions means the fundamental job duties of the employment position the individual with a disability holds or desires. The term “essential functions” does not include the marginal functions of the position.
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Section 1630.13(a) Pre-employment Examination or Inquiry
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§8.3 Qualified individual with handicaps
Qualified individual with handicaps means: (a) With respect to employment, an individual with handicaps who, with reasonable accommodation, can perform the essential functions of the...
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‘‘Qualified individual with a disability.’’
It combines the definition at 45 CFR 84.3(k)(1) for employment (‘‘a handicapped person who, with reasonable accommodation, can perform the essential functions of the job in question’’) with...
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§104.3(l) Qualified handicapped person
(l) Qualified handicapped person means: (1) With respect to employment, a handicapped person who, with reasonable accommodation, can perform the essential functions of the job in question...
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1630.14(b)(3)
employees with disabilities as a result of such an examination or inquiry, the exclusionary criteria must be job-related and consistent with business necessity, and performance of the essential...
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§1630.14(b)(3)
employees with disabilities as a result of such an examination or inquiry, the exclusionary criteria must be job-related and consistent with business necessity, and performance of the essential...
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Q. Must an employer modify existing facilities to make them accessible?
An employer may be required to modify facilities to enable an individual to perform essential job functions and to have equal opportunity to participate in other employment-related activities...
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3.7 How Does an Employer Determine What Is a Reasonable Accommodation?
employer must make a reasonable effort to provide an accommodation that is effective for the individual (gives the individual an equally effective opportunity to apply for a job, perform essential...
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Allegion Falcon 19 Series Exit Devices
When low cost and dependability are essential, you can count on the Falcon 19 Series....
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Medical Examinations
If a worker has an on-the-job injury which appears to affect his/her ability to do essential job functions, a medical examination or inquiry is job-related and consistent with business necessity...
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May an employer ask disability-related questions or require a medical examination when an employee who has been on leave for a medical condition wants to return to work?
(Question 17) Yes, if an employer has a reasonable belief that an employee's present ability to perform essential functions will be impaired by a medical condition or that he or she...
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1630.2(r) Direct Threat
The determination that an individual poses a direct threat shall be based on an individualized assessment of the individuals present ability to safely perform the essential functions of...
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§1630.2(r) Direct Threat
The determination that an individual poses a “direct threat” shall be based on an individualized assessment of the individual's present ability to safely perform the essential functions...
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Circulation Paths Serving Exempted Spaces [§203]
personnel; spaces accessed only by ladders, catwalks, crawl spaces, or very narrow passageways; employee work areas under 300 sq. ft. that are elevated at least 7” as an essential...
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Certification and Licensing
A person with a disability cannot be denied licensure or certification if the person meets the essential eligibility requirements....
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III. "Qualified Individuals with Disabilities"
"Major life activities" include functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working....
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Employee Work Areas: ADA Standard Section 203.9
Section 203.9 covers scoping requirements of general exceptions for employee work areas in the most current ADA Standards.
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Reassignment
Reassignment In some situations, the requested reasonable accommodation will be reassignment to a new job because the disability prevents the employee from performing one or more essential...
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May an employer ask all employees what prescription medications they are taking?
In limited circumstances, however, employers may be able to ask employees in positions affecting public safety about their use of medications that may affect their ability to perform essential...
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a. Tests and Examinations
Tests and Examinations Accommodations may be needed to assure that tests or examinations measure the actual ability of an individual to perform job functions, rather than reflecting limitations...
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Structural Frame
The columns and the girders, beams, and trusses having direct connections to the columns and all other members that are essential to the stability of the building or facility as a whole....
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II-3.7200 Licensing
BUT: The public entity may only adopt "essential" requirements for safe operation of a motor vehicle....
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3. The risk must be current, not one that is speculative or remote
remote The employer must 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...
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May employers require employees to have periodic medical examinations?
For example, a police department could periodically conduct vision tests or electrocardiograms because of concerns about conditions that could affect the ability to perform essential job...
