protected by its provisions: Persons who currently use drugs illegally Individuals who currently use drugs illegally are not individuals with disabilities protected under the Act when an employer...
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Individuals Specifically not Protected by the ADA
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Job Restructuring
Job Restructuring Job restructuring includes modifications such as: An employer never has to reallocate essential functions as a reasonable accommodation, but can do so if it wishes...
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Works Progress Administration Protests
These and other efforts eventually generate a few thousand jobs nationwide and draw attention to the issue of employment for people with disabilities....
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4.1.4(8) HAZARDOUS
Liquified petroleum gas Nitromethane Oxidizing materials Organic peroxide Application All areas for which the intended use will require public access or which may result in employment...
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GENERAL AGREEMENT
GENERAL AGREEMENT FSU, by and through its officials, agents, employees, and all persons in active concert or participation with FSU in the performance of employment or personnel...
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2. There are a limited number of other employees available to perform the function, or among whom the function can be distributed
The heavy work flow during peak periods may make performance of each function essential, and limit an employer's flexibility to reassign a particular function....
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3. The risk must be current, not one that is speculative or remote
The risk must be current, not one that is speculative or remote The employer must show that there is a current risk -- "a high probability of substantial harm" -- to health or safety...
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1630.16(e)(1)
However, if the individual with a disability is a current employee, the employer must consider whether he or she can be accommodated by reassignment to a vacant position not involving food...
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12101(a)(8)
L. 110-325, § 2, Sept. 25, 2008, 122 Stat. 3553, provided that: (8) Congress finds that the current Equal Employment Opportunity Commission ADA regulations defining the term "substantially...
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What the Law Says
But ADA’s Titles I, II and III do require that employers, public services, and public accommodations and services operated by private entities modify their policies and procedures to include...
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Employee for ADA Compliance
employee(s) or consultant shall be knowledgeable about or receive training on the ADA, shall serve as the primary contact(s) on disability-related issues and concerns raised by applicants for employment...
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Employee for ADA Compliance
employee(s) or consultant shall be knowledgeable about or receive training on the ADA, shall serve as the primary contact(s) on disability-related issues and concerns raised by applicants for employment...
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Integration
Examples A state may be violating the integration mandate if it contracts with segregated sheltered workshops to provide employment services for people with developmental disabilities...
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Glossary of Acronyms
DRC Disability Rights Center DREDF Disability Rights Education and Defense Fund DVA Disabled Veterans of America EEOC Equal Employment...
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Section 36.406(a)(2) Applicable Standards (Section-by-Section Analysis)
Title III has no direct effect on that employer/employee relationship, but does establish requirements for the design, construction, or alteration of both public accommodations and commercial...
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1. When does someone with a hearing impairment have a disability within the meaning of the ADA?
Finally, an individual is covered under the third ("regarded as") prong of the definition of disability if an employer takes a prohibited action (for example, refuses to hire or terminates...
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8. Providing Qualified Readers
When an applicant or employee has a visual disability, the employer and the individual should use the "process" outlined in 3.8 above to identify specific limitations of the individual in...
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45. Does a cost-benefit analysis determine whether a reasonable accommodation will cause undue hardship?
A cost-benefit analysis assesses the cost of a reasonable accommodation in relation to the perceived benefit to the employer and the employee....
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8. A condominium (or apartment) development has to comply only with CBC Chapter 11A.
The California Fair Employment and Housing Act (FEHA) requires all "covered multi-family dwellings" designed and constructed for first occupancy after March 13, 1991 to be readily accessible...
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2. What information shall the notice include?
It is a one page document in a standard font, and includes brief statements about: employment, effective communication, making reasonable modifications to policies...
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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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§27.7(e) Reasonable accommodations
“reasonable modifications” as set forth in the Americans with Disabilities Act title II regulations at 28 CFR 35.130(b)(7), and not as it is defined or interpreted for the purposes of employment...
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4. How can I get a reasonable accommodation?
Because an employer does not have to excuse poor job performance, even if it was caused by a medical condition or the side effects of medication, it is generally better to get a reasonable...
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Short Listing of State and Federal Resources Websites
Business and Economic Development www.business.ca.gov Reaching Out to Customers with Disabilities https://www.ada.gov/reachingout/intro1.htm California Department of Fair Employment...