--A covered entity may make pre employment inquiries into the ability of an applicant to perform job-related functions....
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12112(d)(2)(B) Acceptable inquiry
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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...
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§8.12(a)(2)
(2) The appropriate HUD official demonstrates that alternative job-related tests or criteria that tend to screen out fewer individuals with handicaps are unavailable....
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3. The risk must be current, not one that is speculative or remote
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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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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Q2. What does "do work or perform tasks" mean?
The dog must be trained to take a specific action when needed to assist the person with a disability....
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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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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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"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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§382.141(a)(6)
(6) You must provide, or ensure that your contractors provide, training to the contractors' employees concerning travel by passengers with a 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...
- RTC: Rural, Research and Training Center on Disability in Rural Communities: Disability Counts
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§ 38.61(a)(2) Exception
Where station announcement systems provide information on arriving trains, an external train speaker is not required....
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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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§382.143(b)
(b) As a foreign carrier that operates aircraft with 19 or more passenger seats, you must provide training meeting the requirements of §382.141(a) for all personnel who deal with the traveling...
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Q27. What does under control mean? Do service animals have to be on a leash? Do they have to be quiet and not bark?
Or, a returning veteran who has PTSD and has great difficulty entering unfamiliar spaces may have a dog that is trained to enter a space, check to see that no threats are there, and come...
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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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§382.141(a)(5)
(5) You must ensure that all personnel who are required to receive training receive refresher training on the matters covered by this section, as appropriate to the duties of each employee...