© 1999 by Oxford University Press
Journal of the National Cancer Institute, Vol. 91, No. 10, 824,
May 19, 1999
© 1999 Oxford University Press
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Highlights of the Americans With Disabilities Act
According to the Code of Federal Regulations, "The ADA is a Federal anti-discrimination statute designed to remove barriers which prevent qualified individuals with disabilities from enjoying the same employment opportunities that are available to persons without disabilities." The act covers discrimination that may potentially occur in hiring, pay, promotions, job assignments, job training, and firing.ADA highlights include:
Hiring
- An employer may not ask about medical history or current medical conditions
during a job interview.
- An employer cannot require an applicant to take a medical examination before
making a job offer.
- A post-offer medical examination may disqualify an individual if the employer
can prove that the individual would pose a significant risk to the health or safety of other
individuals in the workplace.
- All medical examinations and inquiries must be kept separate from general
personnel files and available only under limited conditions.
Reasonable Accommodation
- A reasonable accommodation is any modification or adjustment to a job or the
work environment that will enable a qualified applicant or employee with a disability to
participate in the application process or to perform essential job functions.
- Examples of reasonable accommodations include restructuring a job, modifying
work schedules, training, or making existing facilities accessible to an individual with a
disability.
- An employer is required to provide an accommodation unless it would impose an
undue hardship on the operation of the employer's business.
- An employer is only required to make a reasonable accommodation for a known
disability of a qualified applicant or employee. An employer is not obligated to make an
accommodation unless the employee requests it.
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