4.5 Standards Necessary for Health and Safety: A "Direct Threat" An employer may require as a qualification standard that an individual not pose a "direct threat" to the health or safety...
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4.5 Standards Necessary for Health and Safety: A "Direct Threat"
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7.11(a) Collective Bargaining Agreements
7.11(a)Collective Bargaining Agreements Labor unions are covered by the ADA and have the same obligation as the employer to comply with its requirements....
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Section 1630.2(r) Direct Threat
An employer, however, is not permitted to deny an employment opportunity to an individual with a disability merely because of a slightly increased risk....
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§382.143(b)(5)
(5) For crewmembers and other personnel whose employment in any given position commences after May 13, 2009, but before May 13, 2010, by May 13, 2010 or a date 60 days after the date of...
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1. What Is the ADA?
The ADA is a federal law that prohibits employers with 15 or more employees from discriminating on the basis of disability, and gives employees and job applicants with disabilities a right...
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5.2 Job Advertisements and Notices
Employers may wish to indicate in job advertisements and notices that they do not discriminate on the basis of disability or other legally prohibited bases....
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Section 1630.15(a) Disparate Treatment Defenses
For example, disparate treatment has occurred where an employer excludes an employee with a severe facial disfigurement from staff meetings because the employer does not like to look at...
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Communication During Leave and Prior to Return to Work
Example 9: An employee with a disability is granted three months of leave by an employer. Near the end of the three month leave, the employee requests an additional 30 days of leave....
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What Does It Mean to be Qualified?
For purposes of employment, a person is qualified if the person is able to perform the essential functions of the job with or without reasonable accommodation....
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"Light Duty" Jobs
An employee's placement in such a position is often limited by the employer to a specific period of time....
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2.2(c) Regarded as Substantially Limited
If an employer reassigns the individual to a less strenuous job because of unsubstantiated fear that the person would suffer a heart attack if he continues in the present job, the employer...
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Section 1630.2(o) Reasonable Accommodation
the essential functions of the position held or desired; and (3) accommodations that enable the employer's employees with disabilities to enjoy equal benefits and privileges of employment...
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Section 1630.16(b) Regulation of Alcohol and Drugs
Section 1630.16(b) Regulation of Alcohol and Drugs This provision permits employers to establish or comply with certain standards regulating the use of drugs and alcohol in the workplace...
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Workforce Innovation and Opportunity Act
development system since 1998, the Workforce Innovation and Opportunity Act (WIOA) reauthorizes and amends crucial programs to help job seekers access the services they need to succeed in employment...
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2.3(c) Perform Essential Functions "With or Without Reasonable Accommodation"
However, if an individual with a disability who is otherwise qualified cannot perform one or more essential job functions because of his or her disability, the employer, in assessing whether...
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Reasonable Accommodation
Reasonable accommodation is any change in the work environment or in the way things are usually done that results in equal employment opportunity for an individual with a disability....
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Introduction
Many employers have asked how the Americans with Disabilities Act (ADA) and the Rehabilitation Act affect their ability to achieve this goal.(1) Specifically, employers have asked whether...
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Concerns about Safety
CONCERNS ABOUT SAFETY When it comes to safety concerns, an employer should be careful not to act on the basis of myths, fears, or stereotypes about hearing impairments....
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§35.140(b)(1)
(1) For purposes of this part, the requirements of title I of the Act, as established by the regulations of the Equal Employment Opportunity Commission in 29 CFR part 1630, apply to employment...
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Issue 21: What additional education and training are needed for supervisors of employees with low vision?
So I’ve been hired by a federal agency....
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5.4 Recruitment
It does not require employers to undertake special activities to recruit people with disabilities....
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4. What Kind of Reasonable Accommodation Could My Client Get?
If your client has a disability, the employer is legally required to provide a reasonable accommodation that would help your client do the job....
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Q. What is discrimination based on "relationship or association?"
For example, this provision would protect a person with a disabled spouse from being denied employment because of an employer's unfounded assumption that the applicant would use excessive...
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Q. Is testing for illegal drugs permissible under the ADA?
A test for illegal drugs is not considered a medical examination under the ADA; therefore, employers may conduct such testing of applicants or employees and make employment decisions based...