Employers may ask questions that relate to the applicant's ability to perform job-related functions. However, these questions should not be phrased in terms of disability....
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Section 1630.13(a) Pre-employment Examination or Inquiry
- Ticket to Work
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26. Must an employer offer reassignment as a reasonable accommodation if it does not allow any of its employees to transfer from one position to another?
Yes. The ADA requires employers to provide reasonable accommodations to individuals with disabilities, including reassignment, even though they are not available to others....
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§104.11(b)(7)
(7) Selection and financial support for training, including apprenticeship, professional meetings, conferences, and other related activities, and selection for leaves of absence to...
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§1630.4(a)(1)(iii)
(iii) Rates of pay or any other form of compensation and changes in compensation;
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§1630.16(e) Infectious and communicable diseases; food handling jobs
(e) Infectious and communicable diseases; food handling jobs—...
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What should I do if I think I might need a reasonable accommodation?
If you think you might need an accommodation for the application process or on the job, you have to request one....
- Department of Labor, Office of Disability Employment Policy (ODEP)
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Section 1630.14(b) Employment Entrance Examination
The employer may condition the offer of employment on the results of the examination, provided that all entering employees in the same job category are subjected to such an examination,...
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3.Targeted Jobs Tax Credit
3.Targeted Jobs Tax Credit Tax credits also are available under the Targeted Jobs Tax Credit Program (TJTCP) for employers who hire individuals with disabilities referred by state or...
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b. Training
Training Reasonable accommodation should be provided, when needed, to give employees with disabilities equal opportunity for training to perform their jobs effectively and to progress...
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Section 1630.16(e) Infectious and Communicable Diseases; Food Handling Jobs
Section 1630.16(e) Infectious and Communicable Diseases; Food Handling Jobs This provision addressing food handling jobs applies the “direct threat” analysis to the particular situation...
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What can an applicant or employee do if he or she believes that he or she is being discriminated against on the basis of his or her HIV or AIDS?
The employee may be entitled to the job or promotion he or she was denied, a reasonable accommodation that was denied, back pay, benefits, or other damages....
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12112(d)(2)(B) Acceptable inquiry
(B) Acceptable inquiry A covered entity may make preemployment inquiries into the ability of an applicant to perform job-related functions....
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Reassignment
An employee is "qualified" for a position if s/he: (1) satisfies the requisite skill, experience, education, and other job-related requirements of the position, and (2) can perform the essential...
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14. Q: May a police department wait to conduct a background check on applicants until after the information from the medical exam has been reviewed -- which is after a conditional offer of employment has been made?
In general, a job offer is not viewed as "bona fide" under the ADA, unless an employer has evaluated all relevant non-medical information which, from a practical and legal perspective, could...
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1630.16(f)
(f) Health insurance, life insurance, and other benefit plans. --
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7. Adjusting and Modifying Examinations, Training Materials, and Policies
7. Adjusting and Modifying Examinations, Training Materials, and Policies An employer may be required to modify, adjust, or make other reasonable accommodations in the ways that...
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§1630.16(f) Health insurance, life insurance, and other benefit plans
(f) Health insurance, life insurance, and other benefit plans—
- Employment Today - Chapter 7 - Undue Hardship
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Job Accommodation Network (JAN)
Job Accommodation Network (JAN), is funded by the Department of Labor to provide advice on accommodating employees with disabilities....
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§8.11 Reasonable accommodation.
[See subsections ...]
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2.3 Qualified Individual with a Disability
" for a job, the employer would have to show that the requirement that screened out this person is "job related and consistent with business necessity."...
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Some Examples of Questions that May Not be Asked on Application Forms or in Job Interviews
[See also The Job Interview below.]) Do you have any physical defects which preclude you from performing certain kinds of work?...