Risk Cannot be Speculative or Remote The results of a medical examination may not disqualify persons currently able to perform essential job functions because of unsubstantiated speculation...
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Risk Cannot be Speculative or Remote
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Reasonable Accommodation Process Illustrated
Upon receiving the request, the employer analyzes the Sack Handler job and determines that the essential function and purpose of the job is not the requirement that the job holder physically...
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1630.2(n)(2)
(2) A job function may be considered essential for any of several reasons, including but not limited to the following:...
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§1630.2(n)(2)
(2) A job function may be considered essential for any of several reasons, including but not limited to the following:...
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Examination Necessary for Reasonable Accommodation
An accommodation may be needed in an employee's existing job, or if the employee is being transferred or promoted to a different job....
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12. Q: Are alcoholics covered by the ADA?
An alcoholic is a person with a disability and is protected by the ADA if he or she is qualified to perform the essential functions of the job....
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1. Federal Laws and Regulations
If a standard is required by another Federal law, an employer must comply with it and does not have to show that the standard is job related and consistent with business necessity....
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§104.13(a)(1)
(1) The test score or other selection criterion, as used by the recipient, is shown to be job-related for the position in question, and...
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a. The employer's judgment
functions are essential does not mean that an employer will be second-guessed on production standards, setting the quality or quantity of work that must be performed by a person holding a job...
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Medical examinations, screening and monitoring required by other laws
As indicated in Chapter IV, the ADA recognizes that an action taken to comply with another Federal law is job-related and consistent with business necessity; however, requirements of state...
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§8.12(a)(1)
(1) The recipient demonstrates that the test score or other selection criterion, as used by the recipient, is job-related for the position in question; and...
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§1630.7 Standards, criteria, or methods of administration.
It is unlawful for a covered entity to use standards, criteria, or methods of administration, which are not job-related and consistent with business necessity, and:...
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§27.5 Qualified person with a disability
means: (1) With respect to employment, a person with a disability who, with reasonable accommodation and within normal safety requirements, can perform the essential functions of the job...
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1630.2(n)(2)(II)
(II) The function may be essential because of the limited number of employees available among whom the performance of that job function can be distributed; and/or...
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§1630.2(n)(2)(ii)
(ii) The function may be essential because of the limited number of employees available among whom the performance of that job function can be distributed; and/or...
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Allegion Schlage S200-Series Mechanical Locks with Tubular Interconnect
When it comes to quick, easy egress and dependable security, Schlage S200-Series interconnected locks get the job done....
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8. Could an Employer Discriminate Against My Client Because of the Information I Provide?
Therefore, unless the information you provide shows that your client is unable to perform the essential duties of the job even with a reasonable accommodation, the employer legally cannot...
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§8.12(a)(2)
(2) The appropriate HUD official demonstrates that alternative job-related tests or criteria that tend to screen out fewer individuals with handicaps are unavailable....
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5.6 Testing
5.6 Testing Employers may use any kind of test to determine job qualifications. The ADA has two major requirements in relation to tests:...
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§104.13(a)(2)
(2) Alternative job-related tests or criteria that do not screen out or tend to screen out as many handicapped persons are not shown by the Director to be available....
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3. The risk must be current, not one that is speculative or remote
show that there is a current risk -- "a high probability of substantial harm" -- to health or safety based on the individual's present ability to perform the essential functions of the job...
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May employers require employees to have periodic medical examinations?
Even in these limited situations, the examinations must address specific job-related concerns....
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1630.7 Standards, criteria, or methods of administration
It is unlawful for a covered entity to use standards, criteria, or methods of administration, which are not job-related and consistent with business necessity, and:...
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Section 36.406(b) Application of Standards to Fixed Elements (Section-by-Section Analysis)
The Department is proposing a new § 36.406(b) that would clarify that the requirements established by this section, including those contained in the proposed standards (and the 2004...
