However, if the request for leave can be addressed by an employer's leave program, the FMLA (or a similar state or local law), or the workers' compensation program, the employer may provide...
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Communication after an Employee Requests Leave
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7.9 Health Insurance and Other Employee Benefit Plans
An employer cannot fire or refuse to hire an individual with a disability because the employer's current health insurance plan does not cover the individual's disability, or because the...
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3.3 What Is a Reasonable Accommodation?
accommodation is a modification or adjustment to a job, the work environment, or the way things usually are done that enables a qualified individual with a disability to enjoy an equal employment...
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A. POLICIES AND PROCEDURES
Equal Employment Opportunity Commission implementing title I of the ADA, codified at 29 C.F.R. Part 1630....
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I. Plan Development
The Equal Employment Opportunity Commission (EEOC) has guidance that discusses what information employers are allowed to gather when developing an emergency evacuation plan.4 According to...
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7.7 Evaluations, Discipline and Discharge
7.7 Evaluations, Discipline and Discharge An employer can hold employees with disabilities to the same standards of production/performance as other similarly situated employees...
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Granting Leave as a Reasonable Accommodation
for the employer....
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8.5 Recovering Drug Addicts
addicted to drugs, but who are no longer using drugs illegally and are receiving treatment for drug addiction or who have been rehabilitated successfully, are protected by the ADA from discrimination...
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34. Financial assistance
Section 104.46(a), prohibiting discrimination in providing financial assistance, remains substantively the same....
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Rehabilitation Act Amendments
Rehabilitation Act Amendments ________________________________________________________________ 10/29/1992 Amendments to the Rehabilitation Act emphasize employment as the primary...
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6.5 Confidentiality and Limitations on Use of Medical Information
Therefore, an employer should not place any medical-related material in an employee's personnel file....
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Section 1630.9(b)
Section 1630.9(b) This provision states that an employer or other covered entity cannot prefer or select a qualified individual without a disability over an equally qualified individual...
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Reasonable Accommodation
equal employment opportunity....
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3. Do requests for reasonable accommodation need to be in writing?
Alternatively, an employer may ask the individual to fill out a form or submit the request in written form, but the employer cannot ignore the initial request....
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4. Drug addicts and alcoholics
It cannot be emphasized too strongly that the statute and the regulation apply only to discrimination against qualified handicapped persons solely by reason of their handicap....
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Q. Does the ADA take safety issues into account?
The ADA expressly permits employers to establish qualification standards that will exclude individuals who pose a direct threat -- i.e., a significant risk of substantial harm -- to the...
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The ADA and Department of Justice Regulations
The ADA broadly protects the rights of individuals with disabilities in employment, access to state and local government services, places of public accommodation, transportation, and other...
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INTRODUCTION
Title I of the ADA requires an employer to provide reasonable accommodation to qualified individuals with disabilities who are employees or applicants for employment, except when such accommodation...
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9.1 Overview of Legal Obligations
9.1 Overview of Legal Obligations An employer may not inquire into an applicant's workers' compensation history before making a conditional offer of employment....
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8.9 Drug Testing
8.9 Drug Testing An employer may conduct tests to detect illegal use of drugs. The ADA does not prohibit, require, or encourage drug tests....
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Phase I: Education and Labor Committee
Congressmen Hoyer and Bartlett addressed another persistent concern of employers by adding tougher language for drug and alcohol abuse....
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To whom does the Guidance apply?
The Guidance applies to private and to state and local government employers with fifteen or more employees....
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§104.37(a)(2)
transportation, health services, recreational activities, special interest groups or clubs sponsored by the recipients, referrals to agencies which provide assistance to handicapped persons, and employment...
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Grievance Procedure under The Americans with Disabilities Act
It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by the [name of...