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When can an employer ask an applicant to "self-identify" as having a disability?
 
Federal contractors and subcontractors who are covered by the affirmative action requirements of section 503 of the Rehabilitation Act of 1973 may invite individuals with disabilities to identify themselves on a job application form or by other pre-employment inquiry, to satisfy the section 503 affirmative action requirements. Employers who request such information must observe section 503 requirements...
NESFV
12/2/2003 3:12 PM
 
What limitations does the ADA impose on medical examinations and inquiries about disability?
 
An employer may not ask or require a job applicant to take a medical examination before making a job offer. It cannot make any pre-employment inquiry about a disability or the nature or severity of a disability. An employer may, however, ask questions about the ability to perform specific job functions and may, with certain limitations, ask an individual with a disability to describe or demonstrate...
NESFV
12/2/2003 3:11 PM
 
Does an employer have to give preference to a qualified applicant with a disability over other applicants?
 
No. An employer is free to select the most qualified applicant available and to make decisions based on reasons unrelated to a disability. For example, suppose two persons apply for a job as a typist and an essential function of the job is to type 75 words per minute accurately. One applicant, an individual with a disability, who is provided with a reasonable accommodation for a typing test, types...
NESFV
12/2/2003 3:11 PM
 
Who is a "qualified individual with a disability?"
 
A qualified individual with a disability is a person who meets legitimate skill, experience, education, or other requirements of an employment position that s/he holds or seeks, and who can perform the oeessential functionsî of the position with or without reasonable accommodation. Requiring the ability to perform "essential" functions assures that an individual with a disability will not...
NESFV
12/2/2003 3:10 PM
 
Who is protected from employment discrimination?
 
Employment discrimination is prohibited against "qualified individuals with disabilities." This includes applicants for employment and employees. An individual is considered to have a "disability" if s/he has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment....
NESFV
12/2/2003 3:09 PM
 
What practices and activities are covered by the employment nondiscrimination requirements?
 
The ADA prohibits discrimination in all employment practices, including job application procedures, hiring, firing, advancement, compensation, training, and other terms, conditions, and privileges of employment. It applies to recruitment, advertising, tenure, layoff, leave, fringe benefits, and all other employment-related activities.
NESFV
12/2/2003 3:09 PM
 
What employers are covered by title I of the ADA, and when is the coverage effective?
 
The title I employment provisions apply to private employers, State and local governments, employment agencies, and labor unions. Employers with 25 or more employees were covered as of July 26, 1992. Employers with 15 or more employees were covered two years later, beginning July 26, 1994.
NESFV
12/2/2003 3:09 PM