| Title I - Employment July 26, 1992 -
Employers with 25 or more employees may not discriminate against qualified individuals
with disabilities.
July 26, 1994 - Employers with 15 or more employees may not
discriminate against qualified individuals with disabilities.
- Pre-employment considerations:
- Employers are not allowed to:
- use discriminatory recruitment, advertisement, or applications procedures.
- inquire about the nature or severity of a disability or about workers compensation
history (however, employers may ask prospects to tell or show how they would perform a
task)
- cannot deny employment based on a need for reasonable accommodation (unless undue
hardship)
- use discriminatory qualification standards, tests, or selection criteria unless
standards or tests are job-related.
- require medical examinations before offering employment. Exceptions include
post-hire examinations that all employees have to take as a condition of employment to
determine fitness for duty, the ability to perform essential functions and reasonable
accommodations required.
Employers must:
- make reasonable accommodations.
- make accommodations in testing. Tests have to measure skills and aptitudes and not
disability (unless test is to measure sensory, manual or speaking skills, example; an
orally-based test could include using a written format).
Equal Employment Opportunity Commission (EEOC)
Individuals may file complaints with Equal Employment Opportunity Commission (EEOC)
after having attempted to resolve this through appropriate channels within the company.
Also may file a private lawsuit after exhausting administrative remedies.
Court may order employer to hire or promote qualified individuals, reasonably accommodate
their disabilities, and pay back wages and attorney's fee. |
