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Employment Provisions (Title I) Technical Assistance Manual

Equal Employment Opportunity Commission -- January 1992 -- EEOC-M-1ATable of Contents

How to Use This Manual

I. Title I: An Overview Of Legal Requirements

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

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

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

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

V. Nondiscrimination In The Hiring Process5.1 Overview of Legal Obligations
5.2 Job Advertisements and Notices
5.3 Employment Agencies
5.4 Recruitment
5.5 Pre-Employment Inquiries
5.6 Testing

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

VII. Nondiscrimination In Other Employment Practices  

7.1 Introduction
7.2 Overview of Legal Obligations
7.3 Nondiscrimination in all Employment Practices
7.4 Nondiscrimination and Relationship or Association with an Individual with a Disability
7.5 Nondiscrimination and Opportunity for Advancement
7.6 Training
7.7 Evaluations, Discipline and Discharge
7.8 Compensation
7.9 Health Insurance and Other Employee Benefit Plans
7.10 Leave
7.11 Contractual or Other Relationships
7.12 Nondiscrimination in Other Benefits and Privileges of Employment

VIII. Drugs And Alcohol Abuse

8.1 Introduction
8.2 Overview of Legal Obligations
8.3 Illegal Use of Drugs
8.4 Alcoholism
8.5 Recovering Drug Addicts
8.6 Persons "Regarded As" Addicts and Illegal Drug Users
8.7 Efforts to Prohibit Drug and Alcohol Use in the Workplace
8.8 Pre-Employment Inquiries About Drug and Alcohol Use
8.9 Drug Testing
8.10 Laws and Regulations Concerning Drugs and Alcohol

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

X.Enforcement Provisions

10.1 Introduction
10.2 Overview of Enforcement Provisions
10.3 Questions and Answers on the ADA Enforcement
10.4 Coordination Procedures to Avoid Duplicative Complaint Processing Under the ADA and the Rehabilitation Act
10.5 Remedies

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