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Employment

Provisions (Title I) Technical Assistance Manual
Equal Employment Opportunity Commission -- January 1992 -- EEOC-M-1A

Table of Content:

  1. Introduction
  2. How to Use This Manual


Chapter I. Title I: An Overview Of Legal Requirements

  1. 1.1 Who Must Comply with Title I of the ADA?
  2. 1.2 Who Is Protected by Title I
  3. 1.3 Individuals Specifically not Protected by the ADA
  4. 1.4 Employment Practices Regulated by Title I of the ADA
  5. 1.5 Actions which Constitute Discrimination
  6. 1.6 Reasonable Accommodation and the Undue Hardship Limitation
  7. 1.7 Health or Safety Defense
  8. 1.8 Pre-employment Inquiries and Medical Examinations
  9. 1.9 Drug and Alcohol Use
  10. 1.10 Enforcement and Remedies
  11. 1.11 Posting Notices
  12. 1.12 Coordination of Overlapping Federal Requirements

Chapter II. Who Is Protected By The ADA?
  1. 2.1 Introduction
  2. 2.2 Individual With A Disability
  3. 2.3 Qualified Individual With A Disability

Chapter III. The Reasonable Accommodation Obligation
  1. 3.1 Overview of Legal Obligations
  2. 3.2 Why Is a Reasonable Accommodation Necessary?
  3. 3.3 What Is a Reasonable Accommodation?
  4. 3.4 Some Basic Principles of Reasonable Accommodation
  5. 3.5 Some Examples of Reasonable Accommodation
  6. 3.6 Who Is Entitled to a Reasonable Accommodation?
  7. 3.7 How Does an Employer Determine What Is a Reasonable Accommodation?
  8. 3.8 A Process for Identifying a Reasonable Accommodation
  9. 3.9 The Undue Hardship Limitation
  10. 3.10 Examples of Reasonable Accommodations
  11. 3.11 Financial and Technical Assistance for Accommodations

Chapter IV. Establishing Nondiscriminatory Qualification Standards And Selection Criteria
  1. 4.1 Introduction
  2. 4.2 Overview of Legal Obligations
  3. 4.3 What is Meant by "Job-Related" and "Consistent with Business Necessity"?
  4. 4.4 Establishing Job-Related Qualification Standards
  5. 4.5 Standards Necessary for Health and Safety: A "Direct Threat"
  6. 4.6 Health and Safety Requirements of Other Federal or State Laws

Chapter V. Nondiscrimination In The Hiring Process
  1. 5.1 Overview of Legal Obligations
  2. 5.2 Job Advertisements and Notices
  3. 5.3 Employment Agencies
  4. 5.4 Recruitment
  5. 5.5 Pre-Employment Inquiries
  6. 5.6 Testing

Chapter VI. Medical Examinations And Inquiries
  1. 6.1 Overview of Legal Obligations
  2. 6.2 Basic Requirements
  3. 6.3 Examinations and Inquiries Before Employment
  4. 6.4 Post-Offer Examinations and Inquiries Permitted
  5. 6.5 Confidentiallity and Limitations on Use of Medical Information
  6. 6.6 Employee Medical Examinations and Inquiries

Chapter VII. Nondiscrimination In Other Employment Practices
  1. 7.1 Introduction
  2. 7.2 Overview of Legal Obligations
  3. 7.3 Nondiscrimination in all Employment Practices
  4. 7.4 Nondiscrimination and Relationship or Association with an Individual with a Disability
  5. 7.5 Nondiscrimination and Opportunity for Advancement
  6. 7.6 Training
  7. 7.7 Evaluations, Discipline and Discharge
  8. 7.8 Compensation
  9. 7.9 Health Insurance and Other Employee Benefit Plans
  10. 7.10 Leave
  11. 7.11 Contractual or Other Relationships
  12. 7.12 Nondiscrimination in Other Benefits and Privileges of Employment
Chapter VIII. Drugs And Alcohol Abuse
  1. 8.1 Introduction
  2. 8.2 Overview of Legal Obligations
  3. 8.3 Illegal Use of Drugs
  4. 8.4 Alcoholism
  5. 8.5 Recovering Drug Addicts
  6. 8.6 Persons "Regarded As" Addicts and Illegal Drug Users
  7. 8.7 Efforts to Prohibit Drug and Alcohol Use in the Workplace
  8. 8.8 Pre-Employment Inquiries About Drug and Alcohol Use
  9. 8.9 Drug Testing
  10. 8.10 Laws and Regulations Concerning Drugs and Alcohol

Chpater IX. Workers' Compensation And Work-Related Injury
  1. 9.1 Overview of Legal Obligations
  2. 9.2 Is a Worker Injured on the Job Protected by the ADA?
  3. 9.3 What Can an Employer Do to Avoid Increased Workers' Compensation Costs and Comply With the ADA?
  4. 9.4 What Can an Employer Do When a Worker is Injured on the Job?
  5. 9.5 Do the ADA's Pre-Employment Inquiry and Confidentiality Restrictions Prevent an Employer from Filing Second Injury Claims?
  6. 9.6 Compliance with State and Federal Workers' Compensations Laws
  7. 9.7 Does Filing a Workers' Compensation Claim Prevent an Injured Worker from Filing a Charge Under the ADA?
  8. 9.8 What if an Employee Provides False Information About his/her Health or Physical Condition?

Chapter X. Enforcement Provisions
  1. 10.1 Introduction
  2. 10.2 Overview of Enforcement Provisions
  3. 10.3 Questions and Answers on the ADA Enforcement
  4. 10.4 Coordination Procedures to Avoid Duplicative Complaint Processing Under the ADA and the Rehabilitation Act
  5. 10.5 Remedies

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