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29 Code of Federal Regulations Title 29

From: Robert Neff <rneff@moon.jic.com>
Date: Thu, 25 Mar 1999 19:11:49 -0800
Message-ID: <003901be7736$64121ac0$4b109cce@rneff.jic.com>
To: <w3c-wai-eo@w3.org>
Cc: "Waddell, Cynthia" <cynthia.waddell@ci.sj.ca.us>
I would like to put up for discussion to add this to the EO deliverable list
for the US.  The Urls for this are at the bottom.

<snippet - my comment> I am not a law expert, but i thought it interesting
that ADA was mentioned while Rehab Act Section 508 was not. Also not sure
when this langauge was written.   Maybe Cynthia will have time to comment?

This is from the Code of Federal Regulations, Title 29 which deals with
Labor.

CHAPTER XIV--EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

PART 1630--REGULATIONS TO IMPLEMENT THE EQUAL EMPLOYMENT PROVISIONS OF THE
AMERICANS WITH DISABILITIES ACT

  1630.1  Purpose, applicability, and construction.
  1630.2  Definitions.
  1630.3  Exceptions to the definitions of ``Disability'' and ``Qualified
Individual with a Disability.''
  1630.4  Discrimination prohibited.
  1630.5  Limiting, segregating, and classifying.
  1630.6  Contractual or other arrangements.
  1630.7  Standards, criteria, or methods of administration.
  1630.8  Relationship or association with an individual with a disability.
  1630.9  Not making reasonable accommodation.
  1630.10  Qualification standards, tests, and other selection criteria.
  1630.11  Administration of tests.
  1630.12  Retaliation and coercion.
  1630.13  Prohibited medical examinations and inquiries.
  1630.14  Medical examinations and inquiries specifically permitted.
  1630.15  Defenses.
  1630.16  Specific activities permitted.


I have snipped   1630.9, which is "Not making reasonable accommodation."
<start snippet>
Sec. 1630.9 Not making reasonable accommodation.
(a) It is unlawful for a covered entity not to make reasonable accommodation
to the known physical or mental limitations of an otherwise qualified
applicant or employee with a disability, unless such covered entity can
demonstrate that the accommodation would impose an undue hardship on the
operation of its business.
(b) It is unlawful for a covered entity to deny employment opportunities to
an otherwise qualified job applicant or employee with a disability based on
the need of such covered entity to make reasonable accommodation to such
individual's physical or mental impairments.
(c) A covered entity shall not be excused from the requirements of this part
because of any failure to receive technical assistance authorized by section
506 of the ADA, including any failure in the development or dissemination of
any technical assistance manual authorized by that Act.
(d) A qualified individual with a disability is not required to accept an
accommodation, aid, service, opportunity or benefit which such qualified
individual chooses not to accept. However, if such individual rejects a
reasonable accommodation, aid, service, opportunity or benefit that is
necessary to enable the individual to perform the essential functions of the
position held or desired, and cannot, as a result of that rejection, perform
the essential functions of the position, the individual will not be
considered a qualified individual with a disability.
<end snippet>


Here is the full government header for the cite:
<start snipet>
Title 29--Labor
CHAPTER XIV--EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
PART 1630--REGULATIONS TO IMPLEMENT THE EQUAL EMPLOYMENT PROVISIONS OF THE
AMERICANS WITH DISABILITIES ACT
[Code of Federal Regulations]
[Title 29, Volume 4, Parts 900 to 1899]
[Revised as of July 1, 1998]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1630.9]
[Page 341]
TITLE 29--LABOR CHAPTER XIV--EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
PART 1630--REGULATIONS TO IMPLEMENT THE EQUAL EMPLOYMENT PROVISIONS OF THE
AMERICANS WITH DISABILITIES ACT--Table of Contents
<end snipet>

http://www.access.gpo.gov/nara/cfr/waisidx/29cfr1630.html

or go to http://www.access.gpo.gov/nara/cfr/waisidx/29cfrv4.html#1600
select
1630, then look for 1603.9.

/rob
Received on Thursday, 25 March 1999 19:12:55 UTC

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