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Employment Provisions (Title I) Technical Assistance Manual
Equal Employment Opportunity Commission -- January 1992 -- EEOC-M-1A
Table of Contents
Introduction
How to Use This Manual
I. Title I: An Overview Of Legal Requirements
1.1 Who Must Comply with Title
I of the ADA?
1.2 Who Is Protected by Title I
1.3 Individuals Specifically not Protected by
the ADA
1.4 Employment Practices Regulated by Title
I of the ADA
1.5 Actions which Constitute Discrimination
1.6 Reasonable Accommodation and the Undue Hardship
Limitation
1.7 Health or Safety Defense
1.8 Pre-employment Inquiries and Medical Examinations
1.9 Drug and Alcohol Use
1.10 Enforcement and Remedies
1.11 Posting Notices
1.12 Coordination of Overlapping Federal Requirements
II. Who Is Protected
By The ADA?
2.1 Introduction
2.2 Individual With A Disability
2.3 Qualified Individual With
A Disability
III. The Reasonable
Accommodation Obligation
3.1 Overview of Legal Obligations
3.2 Why Is a Reasonable Accommodation Necessary?
3.3 What Is a Reasonable Accommodation?
3.4 Some Basic Principles of Reasonable Accommodation
3.5 Some Examples of Reasonable Accommodation
3.6 Who Is Entitled to a Reasonable Accommodation?
3.7 How Does an Employer Determine What Is a
Reasonable Accommodation?
3.8 A Process for Identifying a Reasonable Accommodation
3.9 The Undue Hardship Limitation
3.10 Examples of Reasonable Accommodations
3.11 Financial and Technical Assistance for
Accommodations
IV. Establishing Nondiscriminatory
Qualification Standards And Selection Criteria
4.1 Introduction
4.2 Overview of Legal Obligations
4.3 What is Meant by "Job-Related" and "Consistent
with Business Necessity"?
4.4 Establishing Job-Related
Qualification Standards
4.5 Standards Necessary for Health
and Safety: A "Direct Threat"
4.6 Health and Safety Requirements of Other Federal
or State Laws
V. Nondiscrimination In The Hiring Process
5.1 Overview of Legal Obligations
5.2 Job Advertisements and Notices
5.3 Employment Agencies
5.4 Recruitment
5.5 Pre-Employment Inquiries
5.6 Testing
VI. Medical Examinations
And Inquiries
6.1 Overview of Legal Obligations
6.2 Basic Requirements
6.3 Examinations and Inquiries Before Employment
6.4 Post-Offer Examinations and Inquiries Permitted
6.5 Confidentiallity and Limitations on Use of
Medical Information
6.6 Employee Medical Examinations and Inquiries
VII. Nondiscrimination
In Other Employment Practices
7.1 Introduction
7.2 Overview of Legal Obligations
7.3 Nondiscrimination in all
Employment Practices
7.4 Nondiscrimination and Relationship or Association
with an Individual with a Disability
7.5 Nondiscrimination and Opportunity for Advancement
7.6 Training
7.7 Evaluations, Discipline and Discharge
7.8 Compensation
7.9 Health Insurance and Other Employee Benefit
Plans
7.10 Leave
7.11 Contractual or Other Relationships
7.12 Nondiscrimination in Other Benefits and
Privileges of Employment
VIII. Drugs And Alcohol
Abuse
8.1 Introduction
8.2 Overview of Legal Obligations
8.3 Illegal Use of Drugs
8.4 Alcoholism
8.5 Recovering Drug Addicts
8.6 Persons "Regarded As" Addicts
and Illegal Drug Users
8.7 Efforts to Prohibit Drug and Alcohol
Use in the Workplace
8.8 Pre-Employment Inquiries About Drug and
Alcohol Use
8.9 Drug Testing
8.10 Laws and Regulations Concerning Drugs
and Alcohol
IX.
Workers' Compensation And Work-Related Injury
9.1 Overview of Legal Obligations
9.2 Is a Worker Injured on the Job Protected
by the ADA?
9.3 What Can an Employer Do to Avoid Increased
Workers' Compensation Costs and Comply With the ADA?
9.4 What Can an Employer Do When a Worker is
Injured on the Job?
9.5 Do the ADA's Pre-Employment Inquiry and Confidentiality
Restrictions Prevent an Employer from Filing Second Injury Claims?
9.6 Compliance with State and Federal Workers'
Compensations Laws
9.7 Does Filing a Workers' Compensation Claim
Prevent an Injured Worker from Filing a Charge Under the ADA?
9.8 What if an Employee Provides False Information
About his/her Health or Physical Condition?
X.Enforcement Provisions
10.1 Introduction
10.2 Overview of Enforcement
Provisions
10.3 Questions and Answers
on the ADA Enforcement
10.4 Coordination Procedures to Avoid Duplicative
Complaint Processing Under the ADA and the Rehabilitation Act
10.5 Remedies
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