disability poses a "direct threat" to health or safety must be based on objective, factual evidence related to that individual's present ability to safely perform the essential functions of a job...
Search Results "Job Training"
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4. The assessment of risk must be based on objective medical or other evidence related to a particular individual
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Risk Cannot be Speculative or Remote
Risk Cannot be Speculative or Remote The results of a medical examination may not disqualify persons currently able to perform essential job functions because of unsubstantiated speculation...
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Reasonable Accommodation Process Illustrated
Upon receiving the request, the employer analyzes the Sack Handler job and determines that the essential function and purpose of the job is not the requirement that the job holder physically...
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1630.2(n)(2)
(2) A job function may be considered essential for any of several reasons, including but not limited to the following:...
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§1630.2(n)(2)
(2) A job function may be considered essential for any of several reasons, including but not limited to the following:...
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Examination Necessary for Reasonable Accommodation
An accommodation may be needed in an employee's existing job, or if the employee is being transferred or promoted to a different job....
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12. Q: Are alcoholics covered by the ADA?
An alcoholic is a person with a disability and is protected by the ADA if he or she is qualified to perform the essential functions of the job....
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1. Federal Laws and Regulations
If a standard is required by another Federal law, an employer must comply with it and does not have to show that the standard is job related and consistent with business necessity....
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State of California Disability Access Services (DAS) - Trainings: Employment, Digital Access & Surveys
Training Classes: Introduction to ADA/FEHA Practical Solutions to Reasonable Accommodation Hiring and Supervising an Employee with a Disability Writing ADA...
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§104.13(a)(1)
(1) The test score or other selection criterion, as used by the recipient, is shown to be job-related for the position in question, and...
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2.3 Employment.
Both rules also incorporate the EEOC requirements found in 29 CFR part 1630, including prohibitions on discrimination in job application procedures, hiring, firing, advancement, compensation...
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a. The employer's judgment
functions are essential does not mean that an employer will be second-guessed on production standards, setting the quality or quantity of work that must be performed by a person holding a job...
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Medical examinations, screening and monitoring required by other laws
As indicated in Chapter IV, the ADA recognizes that an action taken to comply with another Federal law is job-related and consistent with business necessity; however, requirements of state...
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CalCasp Training: 10 Study Tips to Improve your Success on the CASp Examination
From CalCasp, this is a just-in-time training module. Description Everyone always asks us "what do I need to do to pass the CASp exam?"...
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Introduction and Purpose
While the ADA focuses on eradicating barriers, the ADA does not relieve a disabled employee or applicant from the obligation to perform the essential functions of the job....
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§8.12(a)(1)
(1) The recipient demonstrates that the test score or other selection criterion, as used by the recipient, is job-related for the position in question; and...
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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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§27.5 Qualified person with a disability
means: (1) With respect to employment, a person with a disability who, with reasonable accommodation and within normal safety requirements, can perform the essential functions of the job...
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Q. Does an employer have to give preference to a qualified applicant with a disability over other applicants?
For example, if two persons apply for a job opening as a typist, one a person with a disability who accurately types 50 words per minute, the other a person without a disability who accurately...
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1630.2(o)(1)(I)
(I) Modifications or adjustments to a job application process that enable a qualified applicant with a disability to be considered for the position such qualified applicant desires; or...
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§1630.2(o)(1)(i)
(i) Modifications or adjustments to a job application process that enable a qualified applicant with a disability to be considered for the position such qualified applicant desires; or...
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12112(d)(2)(B) Acceptable inquiry
--A covered entity may make pre employment inquiries into the ability of an applicant to perform job-related functions....
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1630.2(n)(2)(II)
(II) The function may be essential because of the limited number of employees available among whom the performance of that job function can be distributed; and/or...
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§1630.2(n)(2)(ii)
(ii) The function may be essential because of the limited number of employees available among whom the performance of that job function can be distributed; and/or...
