- From: Robert Neff <rneff@moon.jic.com>
- Date: Thu, 25 Mar 1999 19:11:49 -0800
- 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