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...
Search Results "Job Analysis"
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3. The risk must be current, not one that is speculative or remote
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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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Section 36.303 Auxiliary Aids and Services (Preamble, Section-by-Section Analysis)
In its analysis of the ADA’s auxiliary aids requirement for public accommodations, the House Education and Labor Committee stated that it ‘‘expects’’ that ‘‘public accommodation(s) will...
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3.6. Replacement Costs
The analysis estimates replacement costs for movie theaters purchasing new equipment as a direct result of the rulemaking. ...
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Section 35.151(b)(4)(ii)(C) Path of travel—safe harbor (Section-by-Section Analysis)
Section 35.151(b)(4)(ii)(C) Path of travel— safe harbor (Section-by-Section Analysis) In § 35.151(b)(4)(ii)(C) of the NPRM, the Department included a provision that stated that public...
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16. Reasonable accommodation
Where a handicapped person is not qualified to perform a particular job, where reasonable accommodation does not overcome the effects of a person's handicap, or where reasonable accommodation...
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12112(b)(1)
(1) limiting, segregating, or classifying a job applicant or employee in a way that adversely affects the opportunities or status of such applicant or employee because of the disability...
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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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12112(b)(1)
(1) limiting, segregating, or classifying a job applicant or employee in a way that adversely affects the opportunities or status of such applicant or employee because of the disability...
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"Direct Threat" to Self
based on stereotypes, patronizing assumptions about a person with a disability, or generalized fears about risks that might occur if an individual with a disability is placed in a certain job...
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Section 1193.23 Product design, development and evaluation (Section-by-Section Analysis)
Section 1193.23 Product design, development and evaluation (Section-by-Section Analysis) This section requires manufacturers to evaluate the accessibility, usability, and compatibility...
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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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§1630.5 Limiting, segregating, and classifying.
It is unlawful for a covered entity to limit, segregate, or classify a job applicant or employee in a way that adversely affects his or her employment opportunities or status on the basis...
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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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Questions to Consider
How do these limitations affect the employee’s job performance? 3. What specific job tasks are problematic as a result of these limitations? 4....
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12112(b)(4)
(4) excluding or otherwise denying equal jobs or benefits to a qualified individual because of the known disability of an individual with whom the qualified individual is known to have a...
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12112(b)(4)
(4) excluding or otherwise denying equal jobs or benefits to a qualified individual because of the known disability of an individual with whom the qualified individual is known to have a...
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Governmental Units Affected (R208 Detectable Warning Surfaces) (Section-by-Section Analysis)
Governmental Units Affected (Section-by-Section Analysis) State and local transportation departments are divided into four groups for the purpose of evaluating the impacts of the requirement...
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Section 4.1.3, Accessible Buildings: New Construction (Section-By-Section Analysis and Response to Comments)
- Section 4.1.3, Accessible Buildings: New Construction This section establishes scoping requirements for new co (Section-by-Section Analysis)nstruction of buildings and facilities....
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Section 36.203 Integrated Settings (Section-By-Section Analysis and Response to Comments)
Section 36.203 Integrated Settings (Section-By-Section Analysis and Response to Comments) Section 36.203 addresses the integration of persons with disabilities....
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Section 1194.24 Video and Multimedia Products (Preamble, Section-by-Section Analysis)
Section 1194.24 Video and Multimedia Products (Preamble, Section-by-Section Analysis) Paragraph (a) requires that television displays 13 inches and larger, and computer equipment that...
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Section 1630.9(d)
However, if the individual were not able to read unaided and reading was an essential function of the job, the individual would not be qualified for the job if he or she refused a reasonable...
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Company Structure, Conduct Policy, and Discipline:
Do not assume that employee will understand structure from a simple chart of job titles Review conduct policy with employee Adjust method of supervision to better prepare employee for...