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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2.3 Employment.
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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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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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§382.143(a)(1)
You must ensure that all employees performing the CRO function receive annual refresher training concerning their duties and the provisions of this regulation....
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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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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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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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§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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§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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§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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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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Appoint an ADA Coordinator
Job Functions Interact and consult with staff, boards and commission on the ADA. Develop and distribute notice about ADA compliance....
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BACKGROUND
On July 8, 2013, the Department notified the Village that it was investigating the job application procedures of the Village. ...
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8. Could an Employer Discriminate Against My Client Because of the Information I Provide?
Therefore, unless the information you provide shows that your client is unable to perform the essential duties of the job even with a reasonable accommodation, the employer legally cannot...
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Works Progress Administration Protests
The league's 300 people—most living with polio and cerebral palsy—had all been turned down for WPA jobs after the city’s Home Relief Bureau stamped their applications “PH” for “physically...
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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...