Helping Employers Comply with the ADA: An Assessment of How the United States Equal Employment Opportunity Commission is Enforcing
This report reflects the commitment of the U.S. Commission on Civil Rights to ensure that Americans with disabilities are afforded equal opportunity. This report focuses specifically on the efforts of the EEOC to enforce title I of the ADA, which prohibits discrimination based on disability in employment. It evaluates & analyzes EEOC's regulations & policies clarifying the language of the statute, processing of charges of discrimination based on disability; litigation activities under title I of the ADA; & outreach, education, & technical assistance efforts relating to the act. Offers findings & recommendations.
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Page 78 - ... not making reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless such covered entity can demonstrate that the accommodation would impose an undue hardship...
Page 82 - disability" means, with respect to an individual (A) a physical or mental impairment that substantially limits one or more of the major life activities of such individual; (B) a record of such an impairment; or (C) being regarded as having such an impairment.
Page 24 - No covered entity shall discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.
Page 78 - For purposes of subsection (a), discrimination includes: (i) the imposition or application of eligibility criteria that screen out or tend to screen out an individual with a disability...
Page 104 - qualified individual with a disability" means an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires.
Page 2 - ... the continuing existence of unfair and unnecessary discrimination and prejudice denies people with disabilities the opportunity to compete on an equal basis and to pursue those opportunities for which our free society is justifiably famous, and costs the United States billions of dollars in unnecessary expenses resulting from dependency and nonproductivity.
Page 181 - Except as provided in paragraph (3), a covered entity shall not conduct a medical examination or make inquiries of a job applicant as to whether such applicant is an individual with a disability or as to the nature or severity of such disability. (B) ACCEPTABLE INQUIRY. A covered entity may make preemployment inquiries into the ability of an applicant to perform job-related functions.
Page 125 - The term substantially limits means significantly restricted in the ability to perform either a class of jobs or a broad range of jobs in various classes as compared to the average person having comparable training, skills and abilities.
Page 136 - ADA's basic substantive provision provides that [n]o covered entity shall discriminate against a qualified individual with a disability because of the disability of such individual in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other...
Page 24 - ... to provide clear, strong, consistent, enforceable standards addressing discrimination against individuals with disabilities; (3) to ensure that the Federal Government plays a central role in enforcing the standards established in this Act on behalf of individuals with disabilities; and...