--A covered entity may require a medical examination after an offer of employment has been made to a job applicant and prior to the commencement of the employment duties of such applicant...
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12112(d)(3) Employment entrance examination
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12112(d)(4)(A) Prohibited examinations and inquiries
inquiries of an employee as to whether such employee is an individual with a disability or as to the nature or severity of the disability, unless such examination or inquiry is shown to be job-related...
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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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12112(d)(4)(A) Prohibited examinations and inquiries
inquiries of an employee as to whether such employee is an individual with a disability or as to the nature or severity of the disability, unless such examination or inquiry is shown to be job-related...
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12112(d)(3) Employment entrance examination
(3) Employment entrance examination A covered entity may require a medical examination after an offer of employment has been made to a job applicant and prior to the commencement of the...
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Section 35.151(e) Social service center establishments (Section-by-Section Analysis)
Section 35.151(e) Social service center establishments (Section-by-Section Analysis) In the NPRM, the Department proposed a new § 35.151(e) requiring group homes, halfway houses, shelters...
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Section 1194.25 Self Contained, Closed Products (Preamble, Section-by-Section Analysis)
Section 1194.25 Self Contained, Closed Products (Preamble, Section-by-Section Analysis) Sections 1194.25 (a) through (j) apply to those products that generally have embedded software...
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Section 36.406(e) Housing at a Place of Education (Section-by-Section Analysis)
Section 36.406(e) Housing at a Place of Education (Section-by-Section Analysis) The Department of Justice and the Department of Education share responsibility for regulation and enforcement...
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Section 36.309 Examinations and Courses (Section-By-Section Analysis and Response to Comments)
Section 36.309 Examinations and Courses (Section-By-Section Analysis and Response to Comments) Section 36.309(a) sets forth the general rule that any private entity that offers examinations...
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Section 35.151(f) Housing at a place of education (Section-by-Section Analysis)
Section 35.151(f) Housing at a place of education (Section-by-Section Analysis) The Department of Justice and the Department of Education share responsibility for regulation and enforcement...
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34. Does an employer have to allow an employee with a disability to work at home as a reasonable accommodation?
There are certain jobs in which the essential functions can only be performed at the work site -- e.g., food server, cashier in a store....
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12185(b) Contents
(b) Contents The study shall include, at a minimum, an analysis of the following:...
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‘‘Illegal use of drugs.’’ (Preamble, Section-by-Section Analysis)
‘‘Illegal use of drugs.’’ The definition of ‘‘illegal use of drugs’’ is taken from section 510(d)(1) of the Act and clarifies that the term includes the illegal use of one or more...
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Scoping for Text Telephones (Preamble, Section-by-Section Analysis)
- Scoping for TDD's or text telephones was increased. One TDD or text telephone, for speech and hearing impaired persons, must be provided at locations with 4, rather than 6, pay...
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Section 36.102 Application (Preamble, Section-by-Section Analysis)
Section 36.102 Application Section 36.102 specifies the range of entities and facilities that have obligations under the final rule. The rule applies to any public accommodation...
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Accessible Hotel Rooms (Preamble, Section-by-Section Analysis)
- Rather than requiring 5% of new hotel rooms to be accessible to people with mobility impairments, between 2 and 4% accessibility (depending on total number of rooms) is required....
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Section 36.202 Activities (Preamble, Section-by-Section Analysis)
Section 36.202 Activities Section 36.202 sets out the general forms of discrimination prohibited by title III of the ADA. These general prohibitions are further refined by the...
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Subpart E—Enforcement (Preamble, Section-by-Section Analysis)
Subpart E—Enforcement Because the Department of Justice does not have authority to establish procedures for judicial review and enforcement, subpart E generally restates the...
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Section 36.205 Association (Preamble, Section-by-Section Analysis)
Section 36.205 Association Section 36.205 implements section 302(b)(1)(E) of the Act, which provides that a public accommodation shall not exclude or otherwise deny equal goods,...
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Section 36.210 Smoking (Preamble, Section-by-Section Analysis)
Section 36.210 Smoking Section 36.210 restates the clarification in section 501(b) of the Act that the Act does not preclude the prohibition of, or imposition of restrictions on,...
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Section 4.1.6, Alterations (Preamble, Section-by-Section Analysis)
• Section 4.1.6, Alterations An alteration is a change to a building or facility that affects or could affect the usability of or access to the building or facility or any part...
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Section 36.201(b) (Preamble, Section-by-Section Analysis)
The first sentence of paragraph (b) of Sec.36.201 reiterates the general principle that both the landlord that owns the building that houses the place of public accommodation, as...
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Section 36.212 Insurance (Preamble, Section-by-Section Analysis)
Section 36.212 Insurance The Department received numerous comments on proposed § 36.212. Most supported the proposed regulation but felt that it did not go far enough in...
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"Specified public transportation." (Preamble, Section-by-Section Analysis)
‘‘Specified public transportation.’’ The definition of ‘‘specified public transportation’’ is identical to the statutory definition in section 301(10) of the ADA. The term means...