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....
Search Results "Employment Discrimination"
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1. Significant risk of substantial harm
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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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12112(c)(2)(B) Exception
--This section shall not apply with respect to the foreign operations of an employer that is a foreign person not controlled by an American employer....
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12112(c)(2)(B) Exception
(B) Exception This section shall not apply with respect to the foreign operations of an employer that is a foreign person not controlled by an American employer....
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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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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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Section 1630.2(k) Record of a Substantially Limiting Impairment
This provision also ensures that individuals are not discriminated against because they have been misclassified as disabled....
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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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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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A. Statutory and rulemaking history
Bush signed into law the ADA, a comprehensive civil rights law prohibiting discrimination on the basis of disability....
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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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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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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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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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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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UNDUE HARDSHIP ISSUES
An employer does not have to provide a reasonable accommodation that would cause an "undue hardship" to the employer....
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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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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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Reassignment
Thus, the employer does not have to provide training so that the employee acquires necessary skills to take a job.(79) The employer, however, would have to provide an employee with a disability...
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Examples of Contractor Cases
The company was found to have discriminated against this individual and was required to hire him, incurring large back pay and other costs....
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Relationship to Other Laws
The Department recognizes that public accommodations subject to title III of the ADA may also be subject to title I of the ADA, which prohibits discrimination on the basis of disability...
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Section 1630.15(b) and (c) Disparate Impact Defenses
For example, an employer interviews two candidates for a position, one of whom is blind. Both are equally qualified....