It does not violate the ADA to ask whether the applicant has ever used illegal drugs or been arrested for such use....
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8. Q: May an applicant be asked prior to a conditional job offer whether he or she has ever used illegal drugs or been arrested for any reason?
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5. What may an employer do when it learns that an applicant has or had a hearing impairment after she has been offered a job but before she starts working?
When an applicant discloses after receiving a conditional job offer that she has or had a hearing impairment, an employer may ask the applicant additional questions, such as how long she...
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3. Q: I know I can't give a job applicant a medical exam before a conditional job offer is made. But what about physical agility and physical fitness tests?
A: You can give job applicants tests measuring an applicant's ability to perform job-related tasks or physical fitness tests (tests measuring performance of running, lifting, etc.) before...
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F.4 - If an agency has appropriately determined and documented that commercial items are not available that meet applicable technical provisions, must it also determine that an exception applies?
Nonavailability is an independent basis for acquiring EIT that does not meet the applicable Access Board's technical provisions. See FAR 39.204(e)(2) (ii)....
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Texas Department of Transportation (TxDOT) Computer Aided Drawings Standard Plan Files
TxDOT provides computer aided drawing (CAD) standard plan files that may be used as follows: Statewide Standard Files TxDOT divisions maintain statewide electronic master...
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G.6.iii. - Can "significant expense" be established simply by demonstrating that a product that meets the applicable technical provisions is significantly more expensive than one that does not?
In determining whether acquisition of EIT that meets all or part of the applicable technical provisions of the Access Board's standards would impose an undue burden, an agency must consider...
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Highway standards suggesting possible applications for pedestrian surfaces
ASTM E 950-98(2004) Standard test method for measuring the longitudinal profile of traveled surfaces with an accelerometer established inertial profiling...
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4. Comparison of Proposed Technical Provisions Applicable to Shared Use Paths and AASHTO Guide
Comparison of Proposed Technical Provisions Applicable to Shared Use Paths and AASHTO Guide The proposed technical provisions applicable to shared used paths in the proposed accessibility...
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C. The CVAA Does Not Preempt the ADA or Conflict With the ADA’s Application to This Case
The CVAA Does Not Preempt the ADA or Conflict With the ADA’s Application to This Case This Court has already recognized that the CVAA did not expressly or implicitly preempt the ADA....
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Application to rental units in timeshare, vacation communities, and condo-hotels. (Section-by-Section Analysis)
Application to rental units in timeshare, vacation communities, and condo-hotels....
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255 Chapter 1: Application and Administration (Section-by-Section Analysis)
This chapter proposes general requirements reflecting the purpose of the 255 Guidelines (C101.1). It lists referenced standards and where they may be obtained (C102), and provides...
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B. 508 Standards: Application and Scoping (Section-by-Section Analysis)
[See subsections ...]
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508 Chapter 1: Application and Administration (Section-by-Section Analysis)
This chapter proposes general requirements reflecting the purpose of the 508 Standards (E101.1). It also proposes criteria for equivalent facilitation (E101.2), lists referenced...
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Applicable Standards Under the Department of Education's Section 504 Regulation
Because the only standard specifically incorporated by reference in Education's Section 504 regulations at this time is UFAS, we have received questions both about whether, for new...
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4. Q: But to limit the police department's liability, I need to get a medical approval that it's o.k. for a job applicant to take the physical fitness test. Doesn't the ADA create a catch-22 for police departments?
A: No, the ADA's prohibition on medical exams does not make it illegal for a police department to ask an applicant to provide a certification from a doctor that he or she can safely perform...
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Application of ADA to places of lodging that contain individually owned units. (Section-by-Section Analysis)
Application of ADA to places of lodging that contain individually owned units....
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11B-201.1 Scope, 11B-201.2 Application based on building or facility use, 11B-202.2 Additions, 11B-202.3 Alterations
Where a site, building, facility, room, or space contains more than one use, each portion shall comply with the applicable requirements for that use. 11B-202.2 Additions....
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E.2. - Where an agency uses a best value "trade-off" source selection process, may it trade off applicable technical provisions of the Access Board’s standards where an offer provides strong technical merit, strong past performance, or a lower price?
or through equivalent facilitation) unless (a) the product or service (if it is a commercial item) is not available, (b) an exception applies (such as undue burden), or (c) meeting the applicable...
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K. Eligibility Based on Evaluation of Each Applicant Under Admissions Criteria
Recipients may not judge candidates for admission to vocational education programs on the basis of criteria that have the effect of disproportionately excluding persons of a...
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PART A - Prohibition Against Discrimination and Other Generally Applicable Provisions [Subtitle A]
[See subsections ...]
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B.2.ii. - How should an agency proceed in identifying "applicable" technical provisions in Subparts B, C, and D of the Access Board’s standards to ensure acquired products provide comparable access?
If there are applicable provisions in Subpart B that fully address the product or service being procured, then the agency need not look to Subpart C....
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Section 36.406(b) Application of Standards to Fixed Elements (Section-by-Section Analysis)
The Department is proposing a new § 36.406(b) that would clarify that the requirements established by this section, including those contained in the proposed standards (and the 2004...
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Appendix A to Part 1194—Section 508 of the Rehabilitation Act: Application and Scoping Requirements
[See subsections ...]
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APPENDIX A TO PART 1194 – SECTION 508 OF THE REHABILITATION ACT: APPLICATION AND SCOPING REQUIREMENTS
[See subsections ...]
