The ADA does not require an employer to create jobs for people with disabilities....
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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?
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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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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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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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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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1630.11 Administration of tests
It is unlawful for a covered entity to fail to select and administer tests concerning employment in the most effective manner to ensure that, when a test is administered to a job applicant...
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3. Does the ADA require an applicant to disclose that she has or had a hearing impairment or some other disability before accepting a job offer?
Does the ADA require an applicant to disclose that she has or had a hearing impairment or some other disability before accepting a job offer? No. ...
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6. What if there's no way I can do my regular job, even with an accommodation?
If you can't perform all the essential functions of your job to normal standards and have no paid leave available, you still may be entitled to unpaid leave as a reasonable accommodation...
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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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§104.12(b)(2)
(2) Job restructuring, part-time or modified work schedules, acquisition or modification of equipment or devices, the provision of readers or interpreters, and other similar actions....
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§1630.4(a)(1)(ii)
(ii) Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, termination, right of return from layoff, and rehiring;
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1630.9(b)
(b) It is unlawful for a covered entity to deny employment opportunities to an otherwise qualified job applicant or employee with a disability based on the need of such covered entity to...
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§1630.9(b)
(b) It is unlawful for a covered entity to deny employment opportunities to an otherwise qualified job applicant or employee with a disability based on the need of such covered entity to...
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1630.4(b)
(b) Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, termination, right of return from layoff, and rehiring;
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Section 1630.11 Administration of Tests
Section 1630.11 Administration of Tests The intent of this provision is to further emphasize that individuals with disabilities are not to be excluded from jobs that they can actually...
- GettingHired: Empowering Individuals & Veterans with Disabilities
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7.5 Nondiscrimination and Opportunity for Advancement
For example, an employer may not discriminate in promotion, job classification, evaluation, disciplinary action, opportunities for training, or participation in meetings and conferences....
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3.5 Some Examples of Reasonable Accommodation
marginal job functions; altering when or how an essential job function is performed; part-time or modified work schedules; obtaining or modifying equipment or devices...
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31. Must an employer provide a reassignment if it would violate a seniority system?
Seniority systems governing job placement give employees expectations of consistent, uniform treatment expectations that would be undermined if employers had to make the type of individualized...
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1630.14(a)
A covered entity may make pre-employment inquiries into the ability of an applicant to perform job-related functions, and/or may ask an applicant to describe or to demonstrate how, with...