The Americans with Disabilities Act Questions and Answers ADA National Network
2013
The information described in this booklet has been excluded since the American Employment Opportunity Committee and the US Department of Justice, the Civil Rights Affairs Bureau of the United States, "The Americans with Disabouties Act" (October 2008).
The book was created as a joint project for the US ADA network by providing funding by the Ministry of Education of the Ministry of Education. This book does not reflect the U. S. Ministry of Education's views, but does not legally determine your rights and/ or obligations based on ADA. It is provided as a technical support and consult a lawyer for legal advice.
Copyright © 2013.
Free dial 1-800-949-4232 V/TTY
Search for regional centers by www. Adata. Org.
Introduction
The barriers to employment, transportation, public facilities, public services, and telecommunications have enormous economic and social costs in American society, and people with disabilities are educated, contributed to society. The effort has been impaired. By removing these barriers, the American Law (ADA), which has a disability (ADA), makes it possible for all Americans to gain profits from people with disabilities, talent, and purchasing power. It leads to a typical life.
ADA provides people with disabilities with the same civil rights protection as individuals, skin colors, gender, country of origin, age, and religions. Public facilities, employment, transportation, states and local government services, and telecommunications are guaranteed the opportunity for persons with disabilities. This booklet was created to provide answers to frequently asked questions about ADA. < SPAN> The information described in this booklet is excluded since the American Employment opportunity Uniform Committee and the US Department of Justice Bureau of Civil Rights. is.
The book was created as a joint project for the US ADA network by providing funding by the Ministry of Education of the Ministry of Education. This book does not reflect the U. S. Ministry of Education's views, but does not legally determine your rights and/ or obligations based on ADA. It is provided as a technical support and consult a lawyer for legal advice.
- Copyright © 2013.
- Free dial 1-800-949-4232 V/TTY
- Search for regional centers by www. Adata. Org.
- The barriers to employment, transportation, public facilities, public services, and telecommunications have enormous economic and social costs in American society, and people with disabilities are educated, contributed to society. The effort has been impaired. By removing these barriers, the American Law (ADA), which has a disability (ADA), makes it possible for all Americans to gain profits from people with disabilities, talent, and purchasing power. It leads to a typical life.
- ADA provides people with disabilities with the same civil rights protection as individuals, skin colors, gender, country of origin, age, and religions. Public facilities, employment, transportation, states and local government services, and telecommunications are guaranteed the opportunity for persons with disabilities. This booklet was created to provide answers to frequently asked questions about ADA. The information described in this booklet has been excluded since the American Employment Opportunity Committee and the US Department of Justice, the Civil Rights Affairs Bureau of the United States, "The Americans with Disabouties Act" (October 2008).
- The book was created as a joint project for the US ADA network by providing funding by the Ministry of Education of the Ministry of Education. This book does not reflect the U. S. Ministry of Education's views, but does not legally determine your rights and/ or obligations based on ADA. It is provided as a technical support and consult a lawyer for legal advice.
TABLE OF CONTENTS
The Americans with Disabilities Act Amendments Act (ADAAA) of 2008
Employment
State and Local Governments
Public Accommodations
Miscellaneous
Telephone Numbers for ADA Information
Addresses for ADA Information
ADA National Network Regional Centers
The Americans with Disabilities Act Amendments Act (ADAAA) of 2008
Copyright © 2013.
Free dial 1-800-949-4232 V/TTY
Search for regional centers by www. Adata. Org.
Employment
Q. Which employers are covered by title I of the ADA?
The barriers to employment, transportation, public facilities, public services, and telecommunications have enormous economic and social costs in American society, and people with disabilities are educated, contributed to society. The effort has been impaired. By removing these barriers, the American Law (ADA), which has a disability (ADA), makes it possible for all Americans to gain profits from people with disabilities, talent, and purchasing power. It leads to a typical life.
Q. What practices and activities are covered by the employment nondiscrimination requirements?
ADA provides people with disabilities with the same civil rights protection as individuals, skin colors, gender, country of origin, age, and religions. Public facilities, employment, transportation, states and local government services, and telecommunications are guaranteed the opportunity for persons with disabilities. This booklet was created to provide answers to frequently asked questions about ADA.
Q. Who is protected from employment discrimination?
For additional questions regarding the ADA, please contact the National ADA Network at 800-949-4232 (V/TTY). The National ADA Network is the "go to" resource for free information, guidance, and training on the ADA and its implementation, tailored to the needs of businesses, governments, and individuals at the local and national levels. The National ADA Network is made up of 10 regional centers located throughout the United States. To find out which regional center serves your state, please visit the National ADA Network website at http://adata. org/content/email-us. The ADA National Network offers many resources, many of which are available free or at low cost:
Toll-free and e-mail ADA technical assistance
Training and web-based information and training
ADA national symposiums
Regional and state training conferences
ADA training webinars and podcasts
Q. Does the ADA require that an applicant or employee with a disability be qualified for the position?
ADA and disability-related materials and products
Q. Does an employer have to give preference to an applicant with a disability over other applicants?
The Americans with Disabilities Amendments Act of 2008 (ADAAA) was signed into law on September 25, 2008, and went into effect on January 1, 2009. The ADAAA made several significant changes to the definition of "disability." This law required the U. S. Equal Employment Opportunity Commission (EEOC) to revise its ADA regulations to reflect the changes made by the ADAA. The EEOC's final regulations were published in the Federal Register on March 25, 2011, and became effective on May 24, 2011.
Q. What limitations does the ADA impose on medical examinations and inquiries about disability?
The changes to the definition of disability in the ADAAA apply to all titles of the ADA, including Title I (employment practices of private employers with 15 or more employees, state and local governments, employment agencies, labor unions, employer representatives, and joint labor-management committees), Title II (programs and activities of state and local governments), and Title III (private entities considered to be public accommodations).
However, the EEOC's final regulations only apply to Title I of the ADA; they do not apply to Titles II and III of the ADA. Other federal agencies, such as the U. S. Department of Justice, the U. S. Department of Transportation, and the U. S. Department of Labor, are required to revise their regulations to reflect the changes to the definition of disability required by the ADAAA.
A. The employment provisions of Title I apply to private employers with 15 or more employees, state and local governments, employment agencies, labor unions, employers' representatives, and joint labor commissions.
A. ADA prohibits discrimination in employment, employment, dismissal, promotion, rewards, training, other employment conditions, and privileges. This applies to recruitment, advertising, employment period, dismissal, vacation, fringe venefit, and all other employmen t-related activities.
Employment discrimination for persons with disabilities is prohibited. This includes recruitment applicants and employees. If physical or mental disability is substantially restricted, if you have a history of such disability, or if you have such a disability, the person is a "disability". Is considered to have. Those who are discriminated from those who have a disability are also protected because they have known relationships and relationships.
The first part of the definition clarifies that the ADA is applied to people with disabilities, and that the disability must be substantially restricted. As an example of the main living activity, taking care of yourself, manual work, listening, eating, sleeping, walking, standing, sitting, reaching out, There are two no n-comprehensive lists: bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, interacting with others, and working.
Q. When can an employer ask an applicant to "self-identify" as having a disability?
The main life activity also includes the following important physical function functions: immune system, special sensory organs, normal cell growth, normal cell development; gastrointestinals, intestinal, intestinal, bladder, and bladder. Nerve, brain, respiratory, cardiovascular, cardiovascular, endocrine, liver, lymph, muscular skeletal system, reproductive function.
Examples of specific disabilities that are easy to be inferred include the following: hearing impairment, blindness, intellectual disability, some or all of the limbs, exercise disorders, autism, etc. Hey, cerebral palsy, diabetes, epilepsy, HIV infections, multiple sclerosis, muscle dystrophy, major depression disorder, bipolar disorder, pos t-traumatic stress disorder, obsessiv e-compulsive disorder, and schizophrenia.
Q. Does the ADA require employers to develop written job descriptions?
The second part of the definition of protecting a person with a history of disability is, for example, those who have recovered from cancer and mental illness. < Span> A. ADA prohibits discrimination in recruitment, employment, dismissal, promotion, rewards, training, other employment conditions, and all employment practices, including privileges. This applies to recruitment, advertising, employment period, dismissal, vacation, fringe venefit, and all other employmen t-related activities.
Q. What is "reasonable accommodation”?
Employment discrimination for persons with disabilities is prohibited. This includes recruitment applicants and employees. If physical or mental disability is substantially restricted, if you have a history of such disability, or if you have such a disability, the person is a "disability". Is considered to have. Those who are discriminated from those who have a disability are also protected because they have known relationships and relationships.
Q. What are some of the accommodations applicants and employees may need?
The first part of the definition clarifies that the ADA is applied to people with disabilities, and that the disability must be substantially restricted. As an example of the main living activity, taking care of yourself, manual work, listening, eating, sleeping, walking, standing, sitting, reaching out, There are two no n-comprehensive lists: bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, interacting with others, and working.
The main life activity also includes the following important physical function functions: immune system, special sensory organs, normal cell growth, normal cell development; gastrointestinals, intestinal, intestinal, bladder, and bladder. Nerve, brain, respiratory, cardiovascular, cardiovascular, endocrine, liver, lymph, muscular skeletal system, reproductive function.
Q. When is an employer required to make a reasonable accommodation?
Examples of specific disabilities that are easy to be inferred include the following: hearing impairment, blindness, intellectual disability, some or all of the limbs, exercise disorders, autism, etc. Hey, cerebral palsy, diabetes, epilepsy, HIV infections, multiple sclerosis, muscle dystrophy, major depression disorder, bipolar disorder, pos t-traumatic stress disorder, obsessiv e-compulsive disorder, and schizophrenia.
Q. What are the limitations on the obligation to make a reasonable accommodation?
The second part of the definition of protecting a person with a history of disability is, for example, those who have recovered from cancer and mental illness. A. ADA prohibits discrimination in employment, employment, dismissal, promotion, rewards, training, other employment conditions, and privileges. This applies to recruitment, advertising, employment period, dismissal, vacation, fringe venefit, and all other employmen t-related activities.
Employment discrimination for persons with disabilities is prohibited. This includes recruitment applicants and employees. If physical or mental disability is substantially restricted, if you have a history of such disability, or if you have such a disability, the person is a "disability". Is considered to have. Those who are discriminated from those who have a disability are also protected because they have known relationships and relationships.
Q. Must an employer modify existing facilities to make them accessible?
The first part of the definition clarifies that the ADA is applied to people with disabilities, and that the disability must be substantially restricted. As an example of the main living activity, taking care of yourself, manual work, listening, eating, sleeping, walking, standing, sitting, reaching out, There are two no n-comprehensive lists: bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, interacting with others, and working.
The main life activity also includes the following important physical function functions: immune system, special sensory organs, normal cell growth, normal cell development; gastrointestinals, intestinal, intestinal, bladder, and bladder. Nerve, brain, respiratory, cardiovascular, cardiovascular, endocrine, liver, lymph, muscular skeletal system, reproductive function.
Q. Can an employer be required to reallocate an essential function of a job to another employee as a reasonable accommodation?
Examples of specific disabilities that are easy to be inferred include the following: hearing impairment, blindness, intellectual disability, some or all of the limbs, exercise disorders, autism, etc. Hey, cerebral palsy, diabetes, epilepsy, HIV infections, multiple sclerosis, muscle dystrophy, major depression disorder, bipolar disorder, pos t-traumatic stress disorder, obsessiv e-compulsive disorder, and schizophrenia.
Q. Can an employer be required to modify, adjust, or make other reasonable accommodations in the way a test is given to an applicant or employee with a disability?
The second part of the definition of protecting a person with a history of disability is, for example, those who have recovered from cancer and mental illness.
Q. Can an employer maintain existing production/performance standards for an employee with a disability?
In the third part of the definition, the target entity is prohibited by ADA (eg, a no n-offered offer (eg When dismissal, dismissal), it is deemed that the individual has a disability, except that the obstacle is transient (permanently or expected to be within six months).
Q. Can an employer establish specific attendance and leave policies?
Α. Yes. ADA is a qualified person, whether or not it meets the legitimate skills, experiences, education, training, or other requirements of the occupation that is hired or want to be employed. It defines that it means an individual who can carry out the essential duties. The requirement that you can perform a mandatory job guarantees that people with disabilities are not considered inappropriate, simply because they cannot carry out their marginal or associated duties. In addition to the disability restrictions, if the person is eligible to perform a required job, the employer must consider whether the person can do their job after a reasonable convenience. No. Prior to recruiting advertisements and interviews with applicants, if a job description has been created, it is considered evidence of the essential function of its duties, although it is not a definitive evidence.
Α. No. The employer has the freedom to choose the most eligible candidate and determine based on reasons that have nothing to do with disability. For example, suppose that two people apply for a typist's job, and that the essential function of the job is to accurately enter 75 words per minute. One applicant, who is a disabled person with rational consideration for typing tests, types 50 words per minute. Another applicant without a disability enters 75 words accurately per minute. Employers can hire applicants with fast typing speed if typing speed is required for duties.
Q. Can an employer consider health and safety when deciding whether to hire an applicant or retain an employee with a disability?
Α. The employer cannot request job seekers to receive a medical examination before submitting a job offer. Employers cannot ask about the content and weight of the disability, disability, or weight before a job offer. However, the employer can ask questions about the ability to perform a specific job, and under certain restrictions, a person with disabilities can explain or demonstrate how to perform the duties. < SPAN> In the third part of the definition, the target entity is prohibited by ADA (eg, a job offer (eg, a job offer) based on a personal obstacle or a disability that the target entity has. If the disability is transient (permanently or expected to continue within six months), it is deemed that the individual has a disability. 。
Q. Are applicants or employees who are currently illegally using drugs covered by the ADA?
Α. Yes. ADA is a qualified person, whether or not it meets the legitimate skills, experiences, education, training, or other requirements of the occupation that is hired or want to be employed. It defines that it means an individual who can carry out the essential duties. The requirement that you can perform a mandatory job guarantees that people with disabilities are not considered inappropriate, simply because they cannot carry out their marginal or associated duties. In addition to the disability restrictions, if the person is eligible to perform a required job, the employer must consider whether the person can do their job after a reasonable convenience. No. Prior to recruiting advertisements and interviews with applicants, if a job description has been created, it is considered evidence of the essential function of its duties, although it is not a definitive evidence.
Q. Is testing for the illegal use of drugs permissible under the ADA?
Α. No. The employer has the freedom to choose the most eligible candidate and determine based on reasons that have nothing to do with disability. For example, suppose that two people apply for a typist's job, and that the essential function of the job is to accurately enter 75 words per minute. One applicant, who is a disabled person with rational consideration for typing tests, types 50 words per minute. Another applicant without a disability enters 75 words accurately per minute. Employers can hire applicants with fast typing speed if typing speed is required for duties.
Α. The employer cannot request job seekers to receive a medical examination before submitting a job offer. Employers cannot ask about the content and weight of the disability, disability, or weight before a job offer. However, the employer can ask questions about the ability to perform a specific job, and under certain restrictions, a person with disabilities can explain or demonstrate how to perform the duties. In the third part of the definition, the target entity is prohibited by ADA (eg, a no n-offered offer (eg When dismissal, dismissal), it is deemed that the individual has a disability, except that the obstacle is transient (permanently or expected to be within six months).
Q. Are alcoholics covered by the ADA?
Α. Yes. ADA is a qualified person, whether or not it meets the legitimate skills, experiences, education, training, or other requirements of the occupation that is hired or want to be employed. It defines that it means an individual who can carry out the essential duties. The requirement that you can perform a mandatory job guarantees that people with disabilities are not considered inappropriate, simply because they cannot carry out their marginal or associated duties. In addition to the disability restrictions, if the person is eligible to perform a required job, the employer must consider whether the person can do their job after a reasonable convenience. No. Prior to recruiting advertisements and interviews with applicants, if a job description has been created, it is considered evidence of the essential function of its duties, although it is not a definitive evidence.
Q. Does the ADA override federal and state health and safety laws?
Α. No. The employer has the freedom to choose the most eligible candidate and determine based on reasons that have nothing to do with disability. For example, suppose that two people apply for a typist's job, and that the essential function of the job is to accurately enter 75 words per minute. One applicant, who is a disabled person with rational consideration for typing tests, types 50 words per minute. Another applicant without a disability enters 75 words accurately per minute. Employers can hire applicants with fast typing speed if typing speed is required for duties.
Α. The employer cannot request job seekers to receive a medical examination before submitting a job offer. Employers cannot ask about the content and weight of the disability, disability, or weight before a job offer. However, the employer can ask questions about the ability to perform a specific job, and under certain restrictions, a person with disabilities can explain or demonstrate how to perform the duties.
Q. How does the ADA affect workers' compensation programs?
Employers can promote their job offer if the results of a health checkup and health surveys after a job offer are good. Health examinations and health surveys after a job offer do not need to be related to duties and do not need to be in line with the need for business.
However, if a disability is found in a medical examination or a pos t-job offer, the reason is rejected, the reason must be in line with the need for business. The employer must also show that the person had no reasonable consideration to perform his essential duties, or that his consideration was forced to be unreasonable. A reasonable medical examination after a job offer brings the employer to provide an employer a "imminent threat" in the workplace (that is, the real risk that causes serious harm to the person or others' health and security). If the consideration can indicate that the "imminent threat" level cannot be eliminated or reduced, the individual may be inappropriate. Such exclusions are associated with business and meet the need for business. After a job offer, the medical examination cannot be excluded from the disabled who can not perform any indispensable duties for the speculation that the disability may bring the risk of future injury.
After joining the company, employees' health examinations and surveys must be in line with the need for business. Employers will be rationally considered or evidence of safety issues due to health status, and will hinder their operations obliged in other federal laws and employees due to their health. You can perform a return test in case of reasonable threat, or a voluntary inspection, which is part of an employee's health program.
The information obtained from all health examinations and inquiries should be managed as a separate confidential record in addition to general personnel records, and can only be used in a limited situation.
Q. What is discrimination based on "relationship or association" under the ADA?
Examination of illegal drugs is not a medical examination based on ADA, so it is not limited to such tests. < SPAN> Employers can promote their job offer if the results of a medical examination and health survey after a job offer are good. Health examinations and health surveys after a job offer do not need to be related to duties and do not need to be in line with the need for business.
Q. How are the employment provisions enforced?
However, if a disability is found in a medical examination or a pos t-job offer, the reason is rejected, the reason must be in line with the need for business. The employer must also show that the person had no reasonable consideration to perform his essential duties, or that his consideration was forced to be unreasonable. A reasonable medical examination after a job offer brings the employer to provide an employer a "imminent threat" in the workplace (that is, the real risk that causes serious harm to the person or others' health and security). If the consideration can indicate that the "imminent threat" level cannot be eliminated or reduced, the individual may be inappropriate. Such exclusions are associated with business and meet the need for business. After a job offer, the medical examination cannot be excluded from the disabled who can not perform any indispensable duties for the speculation that the disability may bring the risk of future injury.
Q. What financial assistance is available to employers to help them make reasonable accommodations and comply with the ADA?
After joining the company, employees' health examinations and surveys must be in line with the need for business. Employers will be rationally considered or evidence of safety issues due to health status, and will hinder their operations obliged in other federal laws and employees due to their health. You can perform a return test in case of reasonable, or a voluntary inspection, which is a part of an employee's health program, in case of reasonable threat.
The information obtained from all health examinations and inquiries should be managed as a separate confidential record in addition to general personnel records, and can only be used in a limited situation.
Q. What are an employer's recordkeeping requirements under the employment provisions of the ADA?
Examination of illegal drugs is not a medical examination based on ADA, so it is not limited to such tests. Employers can promote their job offer if the results of the health checkup and health surveys after a job offer are good. Health examinations and health surveys after a job offer do not need to be related to duties and do not need to be in line with the need for business.
Q. Does the ADA require that an employer post a notice explaining its requirements?
However, if a disability is found in a medical examination or a pos t-job offer, the reason is rejected, the reason must be in line with the need for business. The employer must also show that the person had no reasonable consideration to perform his essential duties, or that his consideration was forced to be unreasonable. A reasonable medical examination after a job offer brings the employer to provide an employer a "imminent threat" in the workplace (that is, the real risk that causes serious harm to the person or others' health and security). If the consideration can indicate that the "imminent threat" level cannot be eliminated or reduced, the individual may be inappropriate. Such exclusions are associated with business and meet the need for business. After a job offer, the medical examination cannot be excluded from the disabled who can not perform any indispensable duties for the speculation that the disability may bring the risk of future injury.
Q. What resources does the Equal Employment Opportunity Commission have available to help employers and people with disabilities understand and comply with the employment requirements of the ADA?
After joining the company, employees' health examinations and surveys must be in line with the need for business. Employers will be rationally considered or evidence of safety issues due to health status, and will hinder their operations obliged in other federal laws and employees due to their health. You can perform a return test in case of reasonable threat, or a voluntary inspection, which is part of an employee's health program.
- The information obtained from all health examinations and inquiries should be managed as a separate confidential record in addition to general personnel records, and can only be used in a limited situation.
- Examination of illegal drugs is not a medical examination based on ADA, so it is not limited to such tests.
- Α. If other federal laws and rules are obliged, such as laws applied to veterans with disabilities or Vietnamese decaritors, pr e-employment inquiries about disability are allowed. Pr e-employment inquiries on disability may be necessary to provide the special services required for applicants and customers with disabilities under these laws. Also, if the employer uses this information voluntarily for persons with disabilities, the employer may ask him to recognize himself as a disabled person.
Federal contractors and subcontractors who apply affirmative action requirements in Article 503 of the 1973 Lehabilation Law include a job application form or other pr e-employment surveys in order to meet the affiliated action requirements of Article 503. You can ask to clarify your identity. Employers requesting such information are how to manage and use such information, and to manage such information as different confidential records, except for normal personnel records. The requirements of Article 503 must be compliant.
A. No. ADA does not require the employer to create or maintain a statement. However, the job description created before a job advertisement or an interview with the applicant is considered as evidence along with other related factors. If the employer uses a duties description, it is necessary to review whether it reflects the actual function of duties accurately. The duties descriptions are very useful not only in how their duties are performed, but also focusing on the results and results of their duties. Rational considerations may be possible for people with disabilities to perform their duties in a different way from an employee without a disability.
State and Local Governments
Q. Does the ADA apply to state and local governments?
Α. Reasonable consideration is to fix or adjust the duties and work environment so that applicants or employees with disabilities can participate in the application process or carry out indispensable duties. Rational considerations include adjustments to enable people with disabilities to obtain the same rights and privileges as employees without disabilities. < SPAN> α. If it is obliged by another federal law or rules, such as a law applied to veterans with disabilities or a law applied to Vietnamese returnees, pr e-employment of disability is allowed. Pr e-employment inquiries on disability may be necessary to provide the special services required for applicants and customers with disabilities under these laws. Also, if the employer uses this information voluntarily for persons with disabilities, the employer may ask him to recognize himself as a disabled person.
Q. How does title II affect participation in a state or local government's programs, activities, and services?
Federal contractors and subcontractors who apply affirmative action requirements in Article 503 of the 1973 Lehabilation Law include a job application form or other pr e-employment surveys in order to meet the affiliated action requirements of Article 503. You can ask to clarify your identity. Employers requesting such information are how to manage and use such information, and to manage such information as different confidential records, except for normal personnel records. The requirements of Article 503 must be compliant.
Q. Does title II cover a public entity's employment policies and practices?
A. No. ADA does not require the employer to create or maintain a statement. However, the job description created before a job advertisement or an interview with the applicant is considered as evidence along with other related factors. If the employer uses a duties description, it is necessary to review whether it reflects the actual function of duties accurately. The duties descriptions are very useful not only in how their duties are performed, but also focusing on the results and results of their duties. Rational considerations may be possible for people with disabilities to perform their duties in a different way from an employee without a disability.
Q. What changes must a public entity make to its existing facilities to make them accessible?
Α. Reasonable consideration is to fix or adjust the duties and work environment so that applicants or employees with disabilities can participate in the application process or carry out indispensable duties. Rational considerations include adjustments to enable people with disabilities to obtain the same rights and privileges as employees without disabilities. Α. If other federal laws and rules are obliged, such as laws applied to veterans with disabilities or Vietnamese decaritors, pr e-employment inquiries about disability are allowed. Pr e-employment inquiries on disability may be necessary to provide the special services required for applicants and customers with disabilities under these laws. Also, if the employer uses this information voluntarily for persons with disabilities, the employer may ask him to recognize himself as a disabled person.
Q. What is a self-evaluation?
Federal contractors and subcontractors who apply affirmative action requirements in Article 503 of the 1973 Lehabilation Law include a job application form or other pr e-employment surveys in order to meet the affiliated action requirements of Article 503. You can ask to clarify your identity. Employers requesting such information are how to manage and use such information, and to manage such information as different confidential records, except for normal personnel records. The requirements of Article 503 must be compliant.
Q. What does title II require for new construction and alterations?
A. No. ADA does not require the employer to create or maintain a statement. However, the job description created before a job advertisement or an interview with the applicant is considered as evidence along with other related factors. If the employer uses a duties description, it is necessary to review whether it reflects the actual function of duties accurately. The duties descriptions are very useful not only in how their duties are performed, but also focusing on the results and results of their duties. Rational considerations may be possible for people with disabilities to perform their duties in a different way from an employee without a disability.
Q. How will a state or local government know that a new building is accessible?
Α. Reasonable consideration is to fix or adjust the duties and work environment so that applicants or employees with disabilities can participate in the application process or carry out indispensable duties. Rational considerations include adjustments to enable people with disabilities to obtain the same rights and privileges as employees without disabilities.
Q. What requirements apply to a public entity's emergency telephone services, such as 911?
Α. As an example of reasonable consideration, the existing facilities used by employees can be easily used by disabled people, reorganizing work, changing work schedules, acquiring or changing facilities. It is to provide a qualified reader or interpreter, to provide examinations, training, and other programs properly. In addition, rational consideration includes that if you cannot take your original duties due to disability, the employee will be returned to a qualified vacant job. However, there is no obligation to find a position for the applicant who is ineligible in the desired position. Employers do not need to lower quality or production standards as consideration. There is also no need to provide people around them, such as wheelchairs, glasses, and hearing aids.
Q. How are the ADA's requirements for state and local governments enforced?
Appropriate convenience decisions should be made based on the specific facts of each case. When choosing a specific type of rational consideration to be provided, the first test is one of the effectiveness. In other words, the consideration can give people with disabilities to achieve the same achievements and enjoy the same profits as those who are not disabled. However, it is not necessary to guarantee the same convenience or provide exactly the same convenience.
Α. Only one employer has an obligation to respond to qualified applicants or employees to respond to the “known” disability. In general, this requirement is a request from an individual with disabilities, and is often able to propose reasonable consideration. Since the property and degree of disability, the requirements of duties vary depending on each case, acomo dations must be performed individually. However, this is not the case if the individual's known disability cannot know or not to communicate the apparent convenience for the employer. If an individual with a disability is demanding an appropriate accommodation, it is necessary for the employer and the person to cooperate to find an appropriate accommodation. There are also many public and private resources that provide free support. < SPAN> α. As an example of reasonable consideration, the employees use existing facilities used by employees so that people with disabilities can easily use it, reorganize work, change work schedules, and facilities. It includes acquiring or changing, providing qualified readers or interpretations, examinations, training, and other programs appropriately. In addition, rational consideration includes that if you cannot take your original duties due to disability, the employee will be returned to a qualified vacant job. However, there is no obligation to find a position for the applicant who is ineligible in the desired position. Employers do not need to lower quality or production standards as consideration. There is also no need to provide people around them, such as wheelchairs, glasses, and hearing aids.
Public Accommodations
Q. What are public accommodations?
Appropriate convenience decisions should be made based on the specific facts of each case. When choosing a specific type of rational consideration to be provided, the first test is one of the effectiveness. In other words, the consideration can give people with disabilities to achieve the same achievements and enjoy the same profits as those who are not disabled. However, it is not necessary to guarantee the same convenience or provide exactly the same convenience.
Q. Does the ADA have any effect on the eligibility criteria used by public accommodations to determine who may receive services?
Α. Only one employer has an obligation to respond to qualified applicants or employees to respond to the “known” disability. In general, this requirement is a request from an individual with disabilities, and is often able to propose reasonable consideration. Since the property and degree of disability, the requirements of duties vary depending on each case, acomo dations must be performed individually. However, this is not the case if the individual's known disability cannot know or not to communicate the apparent convenience for the employer. If an individual with a disability is demanding an appropriate accommodation, it is necessary for the employer and the person to cooperate to find an appropriate accommodation. There are also many public and private resources that provide free support. Α. As an example of reasonable consideration, the existing facilities used by employees can be easily used by disabled people, reorganizing work, changing work schedules, acquiring or changing facilities. It is to provide a qualified reader or interpreter, to provide examinations, training, and other programs properly. In addition, rational consideration includes that if you cannot take your original duties due to disability, the employee will be returned to a qualified vacant job. However, there is no obligation to find a position for the applicant who is ineligible in the desired position. Employers do not need to lower quality or production standards as consideration. There is also no need to provide people around them, such as wheelchairs, glasses, and hearing aids.
Q. Does the ADA allow public accommodations to take safety factors into consideration in providing services to individuals with disabilities?
Appropriate convenience decisions should be made based on the specific facts of each case. When choosing a specific type of rational consideration to be provided, the first test is one of the effectiveness. In other words, the consideration can give people with disabilities to achieve the same achievements and enjoy the same profits as those who are not disabled. However, it is not necessary to guarantee the same convenience or provide exactly the same convenience.
Q. Are there any limits on the kinds of modifications in policies, practices, and procedures required by the ADA?
Α. Only one employer has an obligation to respond to qualified applicants or employees to respond to the “known” disability. In general, this requirement is a request from an individual with disabilities, and is often able to propose reasonable consideration. Since the property and degree of disability, the requirements of duties vary depending on each case, acomo dations must be performed individually. However, this is not the case if the individual's known disability cannot know or not to communicate the apparent convenience for the employer. If an individual with a disability requires an appropriate accommodation, it is necessary for the employer and the person to cooperate to find an appropriate accommodation. There are also many public and private resources that provide free support.
Q. What kinds of auxiliary aids and services are required by the ADA to ensure effective communication with individuals who are deaf/hard of hearing or who are blind/have low vision?
A. An individual with a disability who needs an accommodation must be qualified and his or her disability must be known to the employer. In addition, an employer is not required to make an accommodation if it would impose an "undue hardship" on the employer's operations. "Undue hardship" is defined as "an action that would require substantial difficulty or expense" when considered in light of certain factors. These factors include the nature and cost of the accommodation in relation to the size, resources, nature, and structure of the employer's business. Undue hardship is determined on a case-by-case basis. If the establishment making the accommodation is part of a larger organization, the structure and overall resources of the larger organization, as well as the establishment's financial and managerial relationship with the larger organization, are considered. In general, larger employers with greater resources are expected to make accommodations that require more effort or expense than would be required by employers with smaller resources.
If making a particular accommodation would be an undue hardship, the employer should seek to make another accommodation that does not cause such hardship. Also, if the cost of making an accommodation would impose an undue hardship on the employer, the individual with a disability should be given the choice of either bearing the cost that would be an undue hardship or making the accommodation.
Q. Are there any limitations on the ADA's auxiliary aids requirements?
A. An employer's obligation under Title I is to provide access to the building, work area, necessary equipment, and all facilities used by employees for the job applicant to participate in the job application process and for the employee with a disability to perform the essential functions of the job. For example, if an employee lounge is located in a location that is inaccessible to an employee who uses a wheelchair, the employer may remodel or relocate the lounge or provide comparable facilities in a location where the employee can rest with coworkers. . An employer must provide such access unless it would cause an undue hardship.
Q. Do businesses need to have Braille materials, such as menus and sales tags, on hand in order to comply with title III?
Under Title I, employers are not required to make existing facilities accessible until an applicant or employee with a specific disability requires an accommodation. However, employers should consider initiating renovations that provide general accessibility, particularly for job applicants. Employers are not required to make modifications to provide access to areas or facilities that a person does not use for employment-related activities or benefits.
Q. Do businesses need to have a qualified interpreter on hand in order to communicate with a person who is deaf?
A. No. Employers are not required to rearrange the essential functions of a job as a reasonable accommodation.
Q. What is the definition of a service animal under the ADA?
A. Yes. Accommodations may be necessary to ensure that tests or exams measure an individual's actual ability to perform the job, rather than reflecting limitations due to a disability. Individuals with sensory, speech, or dexterity disabilities must be tested in a manner that does not require the use of their impaired abilities, unless the ability is a job-related skill that the test is designed to measure.
Q. What type of inquiries can be made about the use of a service animal?
A. Employers may, with or without reasonable accommodation, allow employees with disabilities to perform the essential job functions at the same production/performance standards as employees without disabilities. Employers may also employ employees with disabilities with the same production/performance standards as other employees for marginal job functions, so long as the disability does not affect the employee's ability to perform the marginal job functions. If the employee's ability to perform the marginal function is affected by the disability, the employer must provide some reasonable accommodation, such as restructuring the job, but may not exclude an employee with a disability from fully performing the essential functions of the job.
Q. Are miniature horses service animals?
A. Employers may establish attendance and leave policies that apply uniformly to all employees, regardless of whether they have a disability, but may not deny an employee with a disability the leave he or she needs if other employees are taking leave. Employers may also be required to make adjustments to leave policies as a reasonable accommodation. Employers are not required to provide additional paid leave, but may provide accommodations such as leave flexibility or unpaid leave.
The uniform vacation policy does not violate the ADA because it has a serious effect on the individual due to its disability. However, if an individual with a disability requests such a policy change as a reasonable consideration, the employer may be required to provide it unless it has unjust hardened.
Q. What is the definition of a wheelchair under the ADA?
Α. Yes. If the ADA cannot eliminate or reduce the risk below the level of the "imminent threat" of rational consideration, the employer is impressed by the safety or security of the individual or others, that is, substantial harm. He acknowledges that he will set a qualification standard to exclude individuals who bring risks. However, the employer must not simply assume that there is a threat. Employers must determine that the medica l-backed objective method has a substantial risk of serious harm in the workplace. ADA is a safe workplace by requesting employers to make individual decisions based on reliable medical evidence and other objective evidence, rather than general theory, ignorance, fear, attitude, stereotypes. We are aware of the need to balance the employer's legitimate interests to maintain.
Q. What is an other power-driven mobility device (OPDMD)?
Α. No. Individuals who are currently engaged in illegal drug use are particularly excluded from the definition of disabled persons protected by ADA when the employer takes measures based on drug use.
Q. Are there any limitations on the ADA's barrier removal requirements for existing facilities?
Α. Yes. Inspection of illegal drugs is not considered a health checkup under the ADA. Therefore, the employer can perform such tests to candidates and employees, and determine employment based on the results. ADA does not encourage, ban, or oblige drug tests.
Q. What does the term "readily achievable" mean?
If a drug test reveals the presence of legally prescribed drugs or other medical information, the information should be treated as a confidential medical record. < SPAN> Leave policy, which is uniformly applied, does not violate ADA because it has a serious effect on the individual due to its disability. However, if an individual with a disability requests such a policy change as a reasonable consideration, the employer may be required to provide it unless it has unjust hardened.
Q. What are examples of the types of modifications that would be readily achievable in most cases?
Α. Yes. If the ADA cannot eliminate or reduce the risk below the level of the "imminent threat" of rational consideration, the employer is impressed by the safety or security of the individual or others, that is, substantial harm. He acknowledges that he will set a qualification standard to exclude individuals who bring risks. However, the employer must not simply assume that there is a threat. Employers must determine that the medica l-backed objective method has a substantial risk of serious harm in the workplace. ADA is a safe workplace by requesting employers to make individual decisions based on reliable medical evidence and other objective evidence, rather than general theory, ignorance, fear, attitude, stereotypes. We are aware of the need to balance the employer's legitimate interests to maintain.
Q. Will businesses need to rearrange furniture and display racks?
Α. No. Individuals who are currently engaged in illegal drug use are particularly excluded from the definition of disabled persons protected by ADA when the employer takes measures based on drug use.
Q. Will businesses need to install elevators?
Α. Yes. Inspection of illegal drugs is not considered a health checkup under the ADA. Therefore, the employer can perform such tests to candidates and employees, and determine employment based on the results. ADA does not encourage, ban, or oblige drug tests.
Q. When barrier removal is not readily achievable, what kinds of alternative steps are required by the ADA?
If a drug test reveals the presence of legally prescribed drugs or other medical information, the information should be treated as a confidential medical record. The uniform vacation policy does not violate the ADA because it has a serious effect on the individual due to its disability. However, if an individual with a disability requests such a policy change as a reasonable consideration, the employer may be required to provide it unless it has unjust hardened.
Q. Must alternative steps be taken without regard to cost?
Α. Yes. If the ADA cannot eliminate or reduce the risk below the level of the "imminent threat" of rational consideration, the employer is impressed by the safety or security of the individual or others, that is, substantial harm. He acknowledges that he will set a qualification standard to exclude individuals who bring risks. However, the employer must not simply assume that there is a threat. Employers must determine that the medica l-backed objective method has a substantial risk of serious harm in the workplace. ADA is a safe workplace by requesting employers to make individual decisions based on reliable medical evidence and other objective evidence, rather than general theory, ignorance, fear, attitude, stereotypes. We are aware of the need to balance the employer's legitimate interests to maintain.
Q. How is "readily achievable" determined in a multisite business?
Α. No. Individuals who are currently engaged in illegal drug use are particularly excluded from the definition of disabled persons protected by ADA when the employer takes measures based on drug use.
Q. Are businesses entitled to any tax benefit to help pay for the cost of compliance?
Α. Yes. Inspection of illegal drugs is not considered a health checkup under the ADA. Therefore, the employer can perform such tests to candidates and employees, and determine employment based on the results. ADA does not encourage, ban, or oblige drug tests.
If a drug test reveals the presence of legally prescribed drugs or other medical information, the information should be treated as a confidential medical record.
Q. Who has responsibility for ADA compliance in leased places of public accommodation, the landlord or the tenant?
Α. Yes. If you are currently using illegal drugs, if the employer acts based on its use, it will not be protected by ADA, but it is not automatically refused protection for those who use alcohol. 。 Alcoho l-dependent is a disabled person and is protected by ADA if you are qualified to perform the essential function of your duties. Employers may require alcoholic patients to make convenience. However, the employer can discipline or reject an alcoholic patient whose use of alcohol has an adverse effect on his duties and actions. Employers can also ban alcohol at work and request employees not under alcohol effects.
Q. What does the ADA require in new construction?
Α. ADA does not ahead of the safety and health requirements specified by other federal law, even if the criteria have a negative effect on the employment of the disabled. If the standards are required by other federal laws, the employer must comply with it, and it is not necessary to indicate that the criterion is related to duties and meets the need for business. For example, the employer shall comply with the safety and health requirements of the US Occupational Safety and Health Bureau. However, the employer is obliged to consider whether there is a reasonable consideration to the standards of other federal law and prevent the elimination of disabled people who can perform duties without violating the standards of these laws. It is still under If the employer can comply with both ADA and other federal law, the employer must do so.
Q. What standards must places of public accommodation and commercial facilities follow?
ADA does not prel a state law or local law enacted to protect public health and safety, except that these laws violate the requirements of ADA. If there is a state law or local law that eliminates individuals with disabilities from specific jobs or occupations due to health or safety dangers, employers are healthy based on ADA standards. Or it must be evaluated whether it brings a safety "direct threat". If such a "direct threat" exists, the employer shall examine whether the threat can be eliminated or reduced below the "direct threat" level with reasonable consideration. Employers may not rely on state law or local laws that contradict the requirements of ADA as a defone against discrimination. < SPAN> α. Yes. If you are currently using illegal drugs, if the employer acts based on its use, it will not be protected by ADA, but it is not automatically refused protection for those who use alcohol. 。 Alcoho l-dependent is a disabled person and is protected by ADA if you are qualified to perform the essential function of your duties. Employers may require alcoholic patients to make convenience. However, the employer may be disciplined or dismissed by alcoho l-addicted patients who adversely affect their duties and actions. Employers can also ban alcohol at work and request employees not under alcohol effects.
Q. Is it expensive to make all newly constructed places of public accommodation and commercial facilities accessible?
Α. ADA does not ahead of the safety and health requirements specified by other federal law, even if the criteria have a negative effect on the employment of the disabled. If the standards are required by other federal laws, the employer must comply with it, and it is not necessary to indicate that the criterion is related to duties and meets the need for business. For example, the employer shall comply with the safety and health requirements of the US Occupational Safety and Health Bureau. However, the employer is obliged to consider whether there is a reasonable consideration to the standards of other federal law and prevent the elimination of disabled people who can perform duties without violating the standards of these laws. It is still under If the employer can comply with both ADA and other federal law, the employer must do so.
Q. Must every feature of a new facility be accessible?
ADA does not prel a state law or local law enacted to protect public health and safety, except that these laws violate the requirements of ADA. If there is a state law or local law that eliminates individuals with disabilities from specific jobs or occupations due to health or safety dangers, employers are healthy based on ADA standards. Or it must be evaluated whether it brings a safety "direct threat". If such a "direct threat" exists, the employer shall examine whether the threat can be eliminated or reduced below the "direct threat" level with reasonable consideration. Employers may not rely on state law or local laws that contradict the requirements of ADA as a defone against discrimination. Α. Yes. If you are currently using illegal drugs, if the employer acts based on its use, it will not be protected by ADA, but it is not automatically refused protection for those who use alcohol. 。 Alcoho l-dependent is a disabled person and is protected by ADA if you are qualified to perform the essential function of your duties. Employers may require alcoholic patients to make convenience. However, the employer can discipline or reject an alcoholic patient whose use of alcohol has an adverse effect on his duties and actions. Employers can also ban alcohol at work and request employees not under alcohol effects.
Q. What are the ADA requirements for altering facilities?
Α. ADA does not ahead of the safety and health requirements specified by other federal law, even if the criteria have a negative effect on the employment of the disabled. If the standards are required by other federal laws, the employer must comply with it, and it is not necessary to indicate that the criterion is related to duties and meets the need for business. For example, the employer shall comply with the safety and health requirements of the US Occupational Safety and Health Bureau. However, the employer is obliged to consider whether there is a reasonable consideration to the standards of other federal law and prevent the elimination of disabled people who can perform duties without violating the standards of these laws. It is still under If the employer can comply with both ADA and other federal law, the employer must do so.
ADA does not prelim a state law or local law enacted to protect public health and security, except that these law violates the requirements of ADA. If there is a state law or local law that eliminates individuals with disabilities from specific jobs or occupations due to health or safety dangers, employers are healthy based on ADA standards. Or it must be evaluated whether it brings a safety "direct threat". If such a "direct threat" exists, the employer shall examine whether the threat can be eliminated or reduced below the "direct threat" level with reasonable consideration. Employers may not rely on state law or local laws that contradict the requirements of ADA as a defone against discrimination.
Q. Does the ADA permit an individual with a disability to sue a business when that individual believes that discrimination is about to occur, or must the individual wait for the discrimination to occur?
Α. Only injured employees who meet the definition of ADA's "disabled person" are considered to be disabled under ADA, regardless of whether they meet the standards for the wor k-related accidents and other wor k-related accidents. 。 Employees must be "qualified" (regardless of reason or not) protected under the ADA. All business injuries do not cause physical or mental disability that "substantially restricts" major living activities, but many business injuries are the "disability" of ADAA's expanded "disability." It may fall under the definitio n-based disability.
Q. How does the ADA affect existing state and local building codes?
The employer must not investigate the applicant's work experience before a conditional job offer. After a conditional job offer, the employer may investigate the applicant's work history in a health checkup or survey required for all applicants in the same occupation. However, even after a conditional recruitment offer, the employer responds to a health survey (not the result of a health checkup), unless all the applicants of the same occupation have to be tested. It is not possible to request a potential employee to receive a health checkup for a disaster. In addition, the employer cannot determine employment based on speculation that applicants may increase the cost of wor k-related accidents in the future. However, the employer cannot execute the business without causing a substantial risk of the person or others' health and security of the person or others if the risk cannot be eliminated or reduced due to reasonable considerations. You can refuse or dismiss employment.
Q. What is the effect of certification of a state or local code or ordinance?
The employer may refuse to hire or dismiss individuals who have intentionally made false answers to inquiries regarding status and work history after a legal job offer.
Q. How will the public accommodations provisions be enforced?
The employer submits medical information and records for employees and applicants (obtained after a conditional recruitment offer) to the state wor k-related accident office and the "secondary disaster" fund without violating the confidentiality of ADA. Can be done. < SPAN> Only injured employees who meet the definition of "disabled persons" in ADA, regardless of whether they meet the criteria for receiving the benefits based on the Workin g-Working Consideration Law and other wor k-related accidents law It is considered. Employees must be "qualified" (regardless of reason or not) protected under the ADA. All business injuries do not cause physical or mental disability that "substantially restricts" major living activities, but many business injuries are the "disability" of ADAA's expanded "disability." It may fall under the definitio n-based disability.
The employer must not investigate the applicant's work experience before a conditional job offer. After a conditional job offer, the employer may investigate the applicant's work history in a health checkup or survey required for all applicants in the same occupation. However, even after a conditional recruitment offer, the employer responds to a health survey (not the result of a health checkup), unless all the applicants of the same occupation have to be tested. It is not possible to request a potential employee to receive a health checkup for a disaster. In addition, the employer cannot determine employment based on speculation that applicants may increase the cost of wor k-related accidents in the future. However, the employer cannot execute the business without causing a substantial risk of the person or others' health and security of the person or others if the risk cannot be eliminated or reduced due to reasonable considerations. You can refuse or dismiss employment.
Miscellaneous
Q. Is the federal government covered by the ADA?
The employer may refuse to hire or dismiss individuals who have intentionally made false answers to inquiries regarding status and work history after a legal job offer.
Q. Does the ADA cover private apartments and private homes?
The employer submits medical information and records for employees and applicants (obtained after a conditional recruitment offer) to the state wor k-related accident office and the "secondary disaster" fund without violating the confidentiality of ADA. Can be done. Α. Only injured employees who meet the definition of ADA's "disabled person" are considered to be disabled under ADA, regardless of whether they meet the standards for the wor k-related accidents and other wor k-related accidents. 。 Employees must be "qualified" (regardless of reason or not) protected under the ADA. All business injuries do not cause physical or mental disability that "substantially restricts" major living activities, but many business injuries are the "disability" of ADAA's expanded "disability." It may fall under the definitio n-based disability.
Q. Does the ADA cover air transportation?
The employer must not investigate the applicant's work experience before a conditional job offer. After a conditional job offer, the employer may investigate the applicant's work history in a health checkup or survey required for all applicants in the same occupation. However, even after a conditional recruitment offer, the employer responds to a health survey (not the result of a health checkup), unless all the applicants of the same occupation have to be tested. It is not possible to request a potential employee to receive a health checkup for a disaster. In addition, the employer cannot determine employment based on speculation that applicants may increase the cost of wor k-related accidents in the future. However, the employer cannot execute the business without causing a substantial risk of the person or others' health and security of the person or others if the risk cannot be eliminated or reduced due to reasonable considerations. You can refuse or dismiss employment.
Q. What are the ADA's requirements for public transit buses?
The employer may refuse to hire or dismiss individuals who have intentionally made false answers to inquiries regarding status and work history after a legal job offer.
Q. How will the ADA make telecommunications accessible?
The employer submits medical information and records (obtained after a conditional recruitment offer) to the state wor k-related accidents and "secondary disaster" funds without violating the ADA confidentiality obligation. Can be done.
A. The ADA prohibits discrimination on the basis of relationship or association to protect individuals from actions based on unfounded assumptions that their relationship with a disabled person will affect their job performance or actions resulting from prejudice or misinformation about a particular disability. For example, this provision protects an individual from being denied employment because of an employer's unfounded assumption that a disabled spouse will take excessive time off to care for that spouse. It also protects individuals who volunteer for the benefit of disabled people from discriminatory employment actions because of their relationship or association.
Telephone Numbers for ADA Information
A. The employment provisions of the ADA are enforced under the same procedures currently used for race, color, sex, national origin, and religion discrimination under Title VII of the Civil Rights Act of 1964 and the Civil Rights Act of 1991. Available remedies include employment, reinstatement, promotion, repatriation, advance pay, reinstatement benefits, reasonable accommodations, attorneys' fees, expert witness fees, and court costs. You may also be entitled to compensatory and punitive damages if there was intentional discrimination or if your employer failed to make a good faith payment to provide a reasonable accommodation. The complaint must be filed within 180 calendar days of the date the discrimination occurred. If a state or local agency enforces a law prohibiting employment discrimination on the same grounds, the 180 calendar day filing deadline is extended to 300 calendar days. You should consult with your state's Human Rights Advisory Service to determine whether the extended filing deadline applies to you.
A. Special tax credits are available to small employers to help them make accommodations required by the ADA. Eligible small businesses may receive a tax credit of up to $5, 000 per year to make accommodations to comply with the ADA. The tax credit covers half of the "qualified access costs" between $250 and $10, 250.
In addition, the expenditure to remove qualified architectural disorders and traffic obstacles may be subject to a full tax deduction of $ 15. 000 per year. The target cost includes steps, narrow entrance, difficult to use parking space, toilet equipment, and transportation of barriers.
Α. The employer is a record of recording of application form submitted by the applicant, requesting for recruitment, rational consideration, promotion, demoted, transfer, dismissal, other rewards, other remuneration conditions, training and apprentices. Must be saved for one year after the record is created or after the description measures are taken (either slow). If a discrimination is filed, or if a lawsuit is filed by the EEOC, the employer must save all the accusations related to the accusation until the final disposal of the accusation.