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Disabilities (ADA)
National Summary
The Americans with Disabilities Act (ADA) prohibits disability discrimination. In the workplace, employers cannot discriminate against a qualified individual with a disability. Reasonable accommodation by employers is required absent undue hardship. The ADA Amendments Act of 2008 (ADAAA) and its regulations significantly broadened the definition of disability, shifting the focus away from whether an individual has a disability and toward whether discrimination occurred.
The Genetic Information Nondiscrimination Act (GINA) prohibits genetic information discrimination against employees or job applicants.
Some states, such as California and Massachusetts have broader disability discrimination laws. Many states, including Texas, have laws that mirror the amended the ADA. Most states have laws prohibiting disability discrimination and genetic information discrimination in the workplace.
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16395timesavers.aspxPolicies Accommodating Persons with a Disability (Progressive II)  National
16399timesavers.aspxPolicies Accommodating Persons with a Disability (Standard I)  National
16397timesavers.aspxPolicies Accommodating Persons with a Disability (Standard III)  National
16394timesavers.aspxPolicies Accommodating Persons with a Disability (Strict)  National
1122timesavers.aspxPolicies Accommodating Persons with a Disability Policy (Progressive I)  National
1315state_comparison_charts.aspxGuidance Documents ADA Q&A: Disability-Related Inquiries  National
1900state_comparison_charts.aspxGuidance Documents ADA Q&A: Employers' General Responsibilities  National
1313state_comparison_charts.aspxGuidance Documents ADA Q&A: Medical Certification  National
1317state_comparison_charts.aspxGuidance Documents ADA Q&A: Public Accommodation  National
1901state_comparison_charts.aspxGuidance Documents ADA Q&A: Reasonable Accommodation and Undue Hardship  National
16396timesavers.aspxPolicies ADA Reasonable Accommodation (Standard)  National
78950state_comparison_charts.aspxGuidance Documents ADA Resource Directory  National
14977training.aspxSpeaker's Notes ADA--What Supervisors Need to Know - Script View  National
76909training.aspxAudio Presentations ADA--What Supervisors Need to Know (Audio)  National
15981training.aspxHandouts ADA--What Supervisors Need to Know (Handout)  National
10526training.aspxPowerPoints ADA--What Supervisors Need to Know (PPT)  National
14948training.aspxQuizzes ADA--What Supervisors Need to Know (Quiz)  National
15982training.aspxTrainer's Guides ADA--What Supervisors Need to Know (Trainer's Guides)  National
79056training.aspxTraining Exercises ADA--What Supervisors Need to Know Training (Exercise 1)  National
79057training.aspxTraining Exercises ADA--What Supervisors Need to Know Training (Exercise 2)  National
79059training.aspxHandouts Americans with Disabilities Act (Handout)  National
16693training.aspxQuizzes Americans with Disabilities Act (Quiz)  National
79060training.aspxQuizzes Americans with Disabilities Act (Quiz)  National
79058training.aspxTraining Talks Americans with Disabilities Act (Training Talk)  National
91473faqs.aspxQuestions & Answers An employee has been hospitalized for alcohol abuse. Can we require him to go to rehab before he returns to work? Can we require periodic testing? 04/30/2012National
86290faqs.aspxQuestions & Answers An employee has complained that other employees' perfumes, bathroom and carpet cleaners, etc. are making her sick. How should we handle this situation? 03/21/2011National
86113faqs.aspxQuestions & Answers An employee is frequently absent while undergoing chemotherapy treatment. When he works, he is visible ill He is not eligible for FMLA. What are our options? 03/11/2011National
82485faqs.aspxQuestions & Answers An employee who had eye surgery is having trouble with her vision and it is affecting her work. Can we require her to take a vision test? 06/14/2010National
1899state_comparison_charts.aspxGuidance Documents Another Disability Law: the Rehabilitation Act of 1973  National
89766timesavers.aspxPolicies Antidiscrimination Policy–Genetic Information (GINA)  National
90483faqs.aspxQuestions & Answers Are owners/partners considered employees under the ADA? Also, is a parent company with 3 separate offices considered one employer under the ADA? 11/22/2011National
83738state_comparison_charts.aspxGuidance Documents Background Information for EEOC Final Rule on Title II of GINA  National
83642faqs.aspxQuestions & Answers Can we ask employees to volunteer information about their health conditions that might arise during the workday (e.g., allergies, migraines, diabetes)? 11/01/2010National
80736faqs.aspxQuestions & Answers Can we terminate an employee who cannot stand on the job, but the job requires standing? 09/11/2009National
85667timesavers.aspxChecklists Discrimination Prevention Checklist (PDF)  National
86293faqs.aspxQuestions & Answers Do we need to inclue GINA information with our FMLA notice for new employees? 03/21/2011National
86461state_comparison_charts.aspxGuidance Documents EEOC Fact Sheet: Final Regulations Implementing the ADAAA  National
93596news.aspxNews EEOC issues guidance addressing cancer, diabetes, epilepsy, and intellectual disabilities 05/16/2013National
86460state_comparison_charts.aspxGuidance Documents EEOC Q&A for Small Businesses: Final Rule Implementing the ADAAA  National
86462state_comparison_charts.aspxGuidance Documents EEOC Q&A: Final Rule Implementing the ADAAA  National
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