(i) The function may be essential because the reason the position exists is to perform that function;
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§1630.2(n)(2)(i)
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§1630.14(d)(2)(ii)
(ii) Does not deny coverage under any of its group health plans or particular benefits packages within a group health plan for non-participation, or limit the extent of benefits...
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§1630.14(d)(2)(i)
(i) Does not require employees to participate;
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§1630.14(d)(2)(iv)
(iv) Provides employees with a notice that:
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§1630.14(d)(2)(iii)
(iii) Does not take any adverse employment action or retaliate against, interfere with, coerce, intimidate, or threaten employees within the meaning of Section 503 of the ADA,...
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§1630.2(n)(2)(iii)
(iii) The function may be highly specialized so that the incumbent in the position is hired for his or her expertise or ability to perform the particular function.
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§1630.14(d)(2)(iv)(A)
(A) Is written so that the employee from whom medical information is being obtained is reasonably likely to understand it;
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§1630.2(p)(2)(i)
(i) The nature and net cost of the accommodation needed under this part, taking into consideration the availability of tax credits and deductions, and/or outside funding;
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§1630.2(p)(2)(v)
(v) The impact of the accommodation upon the operation of the facility, including the impact on the ability of other employees to perform their duties and the impact on the...
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§1630.2(p)(2)(iii)
(iii) The overall financial resources of the covered entity, the overall size of the business of the covered entity with respect to the number of its employees, and the number, type...
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§1630.2(p)(2)(ii)
(ii) The overall financial resources of the facility or facilities involved in the provision of the reasonable accommodation, the number of persons employed at such facility, and the...
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§1630.16(e)(2)(i)
(i) Is in accordance with the list, referred to in paragraph (e)(1) of this section, of infectious or communicable diseases and the modes of transmissibility published by the...
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2. Amended TTY Requirements
As discussed in the preamble to the ICT Final Rule, the revised 508 Standards and 255 Guidelines feature significantly revamped organizational format and wording relative to their...
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Chapter 2: Scoping Requirements
[See subsections ...]
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§1630.16(c)(2)(i)
(i) Test employees of entities in, and applicants for, positions involving safety sensitive duties for the illegal use of drugs or for on-duty impairment by alcohol; and
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§1630.16(e)(2)(ii)
(ii) Is designed to protect the public health from individuals who pose a significant risk to the health or safety of others, where that risk cannot be eliminated by reasonable...
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§ 35.108(c)(2)(i)
(i) In determining whether an impairment substantially limits a major life activity, the term major shall not be interpreted strictly to create a demanding standard.
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2. Establishment of Advisory Committee
The Access Board has used advisory committees consisting of representatives of interest groups that are affected by its guidelines and standards to assist in developing the...
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DIVISION 2: SCOPING REQUIREMENTS
[See subsections ...]
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§ 35.108(d)(2)(i)
(i) The principles set forth in the rules of construction in this section are intended to provide for more generous coverage and application of the ADA's prohibition on...
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§ 35.108(d)(2)(ii)
(ii) Applying these principles, the individualized assessment of some types of impairments will, in virtually all cases, result in a determination of coverage under paragraph...
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§ 35.108(c)(2)(ii)
(ii) Whether an activity is a major life activity is not determined by reference to whether it is of central importance to daily life.
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§ 35.151(k)(2)(iii)
(iii) Has, at a minimum, equal physical access as the altered cells to areas used by inmates or detainees for visitation, dining, recreation, educational programs, medical services,...
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§ 35.136(i)(2)(iii)
(iii) Whether the miniature horse is housebroken; and