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...
Search Results "Employment Discrimination"
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8.5 Recovering Drug Addicts
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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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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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1. Significant risk of substantial harm
Significant risk of substantial harm An employer cannot deny an employment opportunity to an individual with a disability merely because of a slightly increased risk....
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Health or Safety Defense
Health or Safety Defense An employer may require that an individual not pose a "direct threat" to the health or safety of himself/herself or others....
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12111(2) Covered entity
(2) Covered entity The term "covered entity" means an employer, employment agency, labor organization, or joint labor-management committee....
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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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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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Process of Determining the Appropriate Reasonable Accommodation
Process of Determining the Appropriate Reasonable Accommodation Once an individual with a disability has requested provision of a reasonable accommodation, the employer must make a reasonable...
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Tax Information for People with Disabilities A Complete and Simple Guide
This normally means freelance work, gig jobs, contract work or self employment....
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12111(4) Employee
--The term employee means an individual employed by an employer....
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12111(4) Employee
(4) Employee The term "employee" means an individual employed by an employer....
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12111(8) Qualified individual
(8) Qualified individual The term "qualified individual" means an individual who, with or without reasonable accommodation, can perform the essential functions of the employment position...
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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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7.6 Training
If an employer contracts for training with a training company, or contracts for training facilities such as hotels or conference centers, the employer is responsible for assuring accessibility...
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12101(a)(4)
(4) unlike individuals who have experienced discrimination on the basis of race, color, sex, national origin, religion, or age, individuals who have experienced discrimination on the basis...
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3.9 The Undue Hardship Limitation
An accommodation that poses an undue hardship for one employer at a particular time may not pose an undue hardship for another employer, or even for the same employer at another time....
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24. Is it a reasonable accommodation to modify a workplace policy?
But, reasonable accommodation only requires that the employer modify the policy for an employee who requires such action because of a disability; therefore, the employer may continue to...
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4. Who is allowed to have information about employees needing assistance in an emergency?
The ADA has provisions that require employers to keep medical information about applicants and employees confidential....
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8.7 Efforts to Prohibit Drug and Alcohol Use in the Workplace
The Act specifically provides that an employer may: prohibit the use of drugs and alcohol in the workplace....
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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...
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Posting Notices
Posting Notices An employer must post notices concerning the provisions of the ADA. The notices must be accessible, as needed, to persons with visual or other reading disabilities....
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12111(8) Qualified individual with a disability
.-- The term qualified individual with a disability means an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment...
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UNDUE HARDSHIP ISSUES
An employer does not have to provide a reasonable accommodation that would cause an "undue hardship" to the employer....