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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3. The risk must be current, not one that is speculative or remote
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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....
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16. Reasonable accommodation
Where a handicapped person is not qualified to perform a particular job, where reasonable accommodation does not overcome the effects of a person's handicap, or where reasonable accommodation...
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5.6 File a Complaint with the Department of Justice
Here is a brief description of the steps....
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6. ALTERNATIVES
being evaluated.33 Thus, the Department considered alternatives regarding the length of time movie theaters would have to comply with the rulemaking, the number of captioning and audio description...
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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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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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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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List of Subjects for 28 CFR Part 36
(iii) Individual audio description listening device means the individual device that patrons may use at their seats to hear audio description....
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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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F. Duplicative or Overlapping Federal Rules
aware of any existing Federal regulations that impose duplicative, overlapping, or conflicting requirements relative to the requirements in the final rule for movie captioning and audio description...
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§ 1194.41(b)
(b) End-users shall have access to a description of the accessibility and compatibility features of products in alternate formats or alternate methods upon request, at no additional charge...
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502.3.14 Event Notification
Notification of events relevant to user interactions, including but not limited to, changes in the component’s state(s), value, name, description, or boundary, shall be available to assistive...
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502.3.9 Event Notification
Notification of events relevant to user interactions, including but not limited to, changes in the component’s state(s), value, name, description, or boundary, shall be available to assistive...
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§ 37.139(d)(3)
(3) A brief description of planned modifications to existing paratransit and fixed route service and the new paratransit service planned to comply with the ADA paratransit service criteria...
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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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§ 36.303(g)(9)(i)
(i) Locate all necessary equipment that is stored and quickly activate the equipment and any other ancillary systems required for the use of the captioning devices and audio description...
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§ 36.303(g)(9)(i)
(i) Locate all necessary equipment that is stored and quickly activate the equipment and any other ancillary systems required for the use of the captioning devices and audio description...