This could affect whether an employer can grant a request to modify an employee's schedule.(65) Employers should carefully assess whether modifying the hours could significantly disrupt...
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22. Must an employer allow an employee with a disability to work a modified or part-time schedule as a reasonable accommodation, absent undue hardship?
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Q. Can an employer refuse to hire an applicant or fire a current employee who is illegally using drugs?
Can an employer refuse to hire an applicant or fire a current employee who is illegally using drugs? A. Yes....
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35. Must an employer withhold discipline or termination of an employee who, because of a disability, violated a conduct rule that is job-related for the position in question and consistent with business necessity?
An employer never has to excuse a violation of a uniformly applied conduct rule that is job-related and consistent with business necessity....
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46. Can an employer claim undue hardship solely because a reasonable accommodation would require it to make changes to property owned by someone else?
No, an employer cannot claim undue hardship solely because a reasonable accommodation would require it to make changes to property owned by someone else....
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2. Q: The ADA prohibits making disability-related inquiries or giving applicants for police jobs medical examinations until a conditional offer of employment is made. Why?
A: In the past, people with disabilities, particularly those with hidden disabilities, were denied jobs once potential employers found out about their disabilities....
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6. When may an employer ask an employee if a hearing impairment, or some other medical condition, may be causing her performance problems?
When may an employer ask an employee if a hearing impairment, or some other medical condition, may be causing her performance problems?...
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43. Must an employer modify the work hours of an employee with a disability if doing so would prevent other employees from performing their jobs?
If the result of modifying one employee's work hours (or granting leave) is to prevent other employees from doing their jobs, then the significant disruption to the operations of the employer...
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1. May an employer ask employees whether they will require assistance in the event of an evacuation because of a disability or medical condition?
Employers, therefore, are allowed to ask employees to self-identify if they will require assistance because of a disability or medical condition....
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Federal Agencies
The Equal Employment Opportunity Commission handles all things related to the ADA and employment. Below is a list of the relevant federal agencies....
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26. Must an employer offer reassignment as a reasonable accommodation if it does not allow any of its employees to transfer from one position to another?
The ADA requires employers to provide reasonable accommodations to individuals with disabilities, including reassignment, even though they are not available to others....
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What may an employer do if it believes that an employee is having performance problems because of a medical condition, but the employee won't answer any questions or go to the doctor?
What may an employer do if it believes that an employee is having performance problems because of a medical condition, but the employee won't answer any questions or go to the doctor?...
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23. How should an employer handle requests for modified or part-time schedules for an employee covered by both the ADA and the Family and Medical Leave Act (FMLA)?
An employer should determine an employee's rights under each statute separately, and then consider whether the two statutes overlap regarding the appropriate actions to take....
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36. Must an employer provide a reasonable accommodation for an employee with a disability who violated a conduct rule that is job- related for the position in question and consistent with business necessity?
The employer disciplines him for tardiness, stating that continued failure to arrive promptly during the next month will result in termination of his employment....
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30. If an employee is reassigned to a lower level position, must an employer maintain his/her salary from the higher level position?
No, unless the employer transfers employees without disabilities to lower level positions and maintains their original salaries.(91) 91. 29 C.F.R. pt. 1630 app. § 1630.2(o) (1997)....
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The Future for Americans with Disabilities
The Future for Americans with Disabilities ADA represents a significant accomplishment in the evolution of society’s views and treatment of people with disabilities. . . ....
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15. When may an employer refuse to hire, terminate, or temporarily restrict the duties of a person who has or had a hearing impairment because of safety concerns?
When may an employer refuse to hire, terminate, or temporarily restrict the duties of a person who has or had a hearing impairment because of safety concerns?...
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8. May an employer tell employees who ask why their co-worker is allowed to do something that generally is not permitted (such as working at home or working a modified schedule) that she is receiving a reasonable accommodation?
May an employer tell employees who ask why their co-worker is allowed to do something that generally is not permitted (such as working at home or working a modified schedule) that she is...
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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?
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?...
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Examples of Alternative Formats
Employment: (Name of public entity) does not discriminate on the basis of disability in its hiring or employment practices and complies with the ADA title I employment regulations....
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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?
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?...
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§104.46 Financial and employment assistance to students.
[See subsections ...]
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Attachment B
The City of Waukegan’s Personnel Policy governs employment-related complaints of disability discrimination....
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EVIDENCE OF AURORA'S COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS
The role of Aurora's Civil Rights Officer has been expanded to better coordinate handling of any future discrimination complaints....
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19. Can an employer penalize an employee for work missed during leave taken as a reasonable accommodation?
the employee's use of a reasonable accommodation to which s/he is entitled under the law.(53) Moreover, such punishment would make the leave an ineffective accommodation, thus making an employer...