| I. |
COVERAGE : Return
to Top : Exit Article |
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| A. |
15 Or More Employees |
| B. |
Employee - Employed Each Work Day For 20 Or
More Calendar Weeks In The Current Or Prior Year |
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| II. |
DISABILITY
DEFINED :
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| A. |
Physical or Mental Condition Which Impairs
Major Life Function: |
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| Caring For Oneself; Performing Manual
Tasks; Walking; Seeing; Hearing;
Speaking; Breathing; Learning; Sitting;
Standing; Lifting; Reaching; Working; |
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| Or |
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| B. |
Record Of; or |
| C. |
Perceived As |
| D. |
Not Self-Defining: Rejection For One Job vs.
Class Of Jobs |
| E. |
Excludes Homosexuals, Compulsive Gamblers,
Etc. |
| F. |
Compare The Individual To The Average Person |
| G. |
Not Poor Judgment, Hair Color |
| H. |
Not Pregnancy; Probably Not Obesity |
| I. |
Includes An Individual Associated With A
Disabled Person; But There Is No Duty To
Accommodate |
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| III. |
MEDICAL
EXAMINATIONS AND INQUIRY : Return
to Top : Exit Article |
| |
| A. |
Before Conditional Offer |
| |
| 1. |
Inquiry Into Ability To Perform
Job-Related Functions Is Permitted |
| 2. |
Can Ask All Applicants To Explain And
Demonstrate How They Would Perform The
Job |
| 3. |
Even If There Is No Routine Inquiry,
Can Ask A Person With An Obvious Problem
How They Would Perform The Job And If
They Will Need Accommodation. |
| 4. |
Physical Agility Testing Is Not A
Medical Examination (Strength Testings?)
And Thus Is Permitted |
| 5. |
Illegal Drug Use Testing Permitted |
| 6. |
Cannot Inquire In Terms Of
Disability: Driver's License Inquiry vs.
Visual Disability Question |
| 7. |
Inquiry Into Worker's Compensation
Claims History Prohibited Until After A
Tentative Job Offer Is Made |
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| B. |
After Conditional Offer |
| |
| 1. |
Anything, Even Baseline Data
Collection |
| 2. |
Must Be Everyone In A Job Class |
|
| C. |
If Use Information To Reject Applicant, It
Must Be Job-Related and Business Necessity --
Person With Condition Cannot Perform Job Even
With Reasonable Accommodation |
| D. |
Safety Concern: "Significant Risk Of
Substantial Harm ... Based On Medical
Judgment...On Best Available Objective
Evidence" |
| |
| 1. |
Based On Worker's Current Condition |
| 2. |
"Significant Risk" May Mean
"High Probability" |
| 3. |
Only If The Risk Can Not Be Reduced
Via An Accommodation To Below The
Significant Risk Level |
|
| E. |
Federal Law Required And State Law Required
(If Consistent With ADA) Is Per Se Job-Related
And Business Necessity And Thus Is Permitted |
| F. |
Voluntary Job Steering To More Appropriate
Job |
| G. |
Current Employees - No Inquiry Except If It
Is Job-Related and Business Necessity, E.g., Can
Examine Back If Returning From Back Injury, But
Cannot Test For AIDS |
| H. |
Confidentiality: Use Of Records Limited For
Purposes Not Inconsistent With ADA |
| |
| 1. |
Can Use For Worker's Compensation
Purposes |
| 2. |
Can Use For Insurance Purposes |
| 3. |
Retain Records For 1 Year From Later
Of Creation Or Use |
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| IV. |
JOB
CRITERIA, TESTS AND STANDARDS : Return
to Top : Exit Article |
| |
| A. |
Job-Related and Business Necessity If
Excludes Disabled Person |
| B. |
Must Be Objective And Individualized
Assessment Of Each Disabled Person |
| C. |
Should Have Written Justification |
| D. |
Smoke Free Workplace |
| E. |
Paid Leave Policies |
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| |
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| V. |
ESSENTIAL
FUNCTIONS OF THE JOB : Return
to Top : Exit Article |
| |
| A. |
Respect Employer's Production Criteria |
| B. |
The Criteria Must Match The Employer's
Current Job Force |
| C. |
Can Not Be A Subterfuge |
| D. |
Written Job Descriptions Some Evidence |
| E. |
Welder Who Can Perform 88% Of Tasks Qualifies
|
| F. |
Can Consider Collective Bargaining Agreement
(The Effect Of Agreements Negotiated After July
26, 1992 Is Unclear) |
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| VI. |
REASONABLE
ACCOMMODATIONS : Return
to Top : Exit Article |
| |
| A. |
"Making Existing Facilities Used By
Employees Readily Accessible To And Usable By
Individuals With Disabilities" |
| |
1. Greater Than Title III Readily Achievable
Duty |
| B. |
"Acquisition Or Modification Of
Equipment Or Devices" |
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1. Hand Truck Or Dolly |
| C. |
"The Provision Of Qualified Readers Or
Interpreters" |
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1. Includes Personal Assistants or Attendants
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| D. |
"Appropriate Adjustment Or Modifications
Of Examinations, Training Materials Or
Policies" |
| E. |
"Part-Time Or Modified Work
Schedules" |
| F. |
"Job Restructuring" |
| |
1. Redelegating And Exchanging Nonessential
Duties
2. Redesigning Procedures For Job |
| G. |
"Reassignment To A Vacant Position"
and |
| |
1. Need Only Look For A Reasonable Time
2. Need Not Pay Salary While Looking
3. May Not Have To Give Priority; Can Hire Best
Candidate |
| H. |
A Catch-All -- "Other Similar
Accommodations For Individuals With
Disabilities" |
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| VII. |
REASONABLE
ACCOMMODATIONS APPLIED : Return
to Top : Exit Article |
| |
| A. |
Inform Workers Of Rights And Wait For Request
|
| B. |
Can Ask For Documentation Of Need For
Accommodation |
| C. |
Affirmative Duty To Match Job To Worker |
| D. |
Individualized Approach And Discuss Options
With The Worker |
| E. |
Includes Benefits And Privileges Of
Employment, e.g.: Access To Company Cafeteria |
| F. |
Need Not Restructure Essential Functions Of
The Job |
| G. |
Not Personal Use Items -Glasses And Hearing
Aids, Unless Designed For The Job |
| H. |
If Two Accommodations Are Available, Employer
Has Ultimate Choice: Need Not Be The Best
Accommodation |
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| VIII. |
UNDUE
HARDSHIP :
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| |
| A. |
Net Cost Of Accommodation |
| B. |
Facility's Financial Resources |
| C. |
Entity's Financial Resources |
| D. |
Type Of Operation |
| E. |
Disruptive Effect: More Than Negative Morale.
Includes Collective Bargaining Agreement |
| F. |
Employee Can Pay For Accommodation To Extent
It No Longer Is An Undue Hardship |
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