Q. If the health insurance offered by my employer does not cover all medical expenses related to my disability, does the company have to purchase additional coverage for me? A: Yes. It is not contrary to the ADA to ask whether the applicant has ever used illegal drugs or has been arrested for such use. However, a law enforcement agency may not ask about the frequency of illicit drug use in the past or whether the applicant has ever been addicted or has received addiction treatment at the pre-offer stage. 20. Q: If an accuser is granted a right of action, does that mean that the government has determined that there has been a violation of the ADA? Many of us will have to appear in court as plaintiffs, defendants, lawyers, witnesses, jurors, media representatives, or simply as spectators interested in public trials. People with disabilities have the same right to participate in our justice system as anyone else. A. Yes.
The ADA does not affect pre-existing clauses included in health insurance policies, even though these clauses may affect disabled workers more than other employees. Prisons and some other types of detention facilities are generally designed for the short-term detention of persons, such as those awaiting trial or serving short prison sentences. These facilities are generally operated by local law enforcement agencies. Because the ADA establishes overlapping responsibilities in both the EEOC and DOJ for employment by state and local governments, federal enforcement efforts are coordinated by the EEOC and DOJ to avoid duplication of investigative and enforcement activities. Since some private and public employers are already covered by the nondiscrimination and affirmative action requirements of the Rehabilitation Act of 1973, the EEOC, DOJ, and Department of Labor also coordinate enforcement efforts on the ADA and the Rehabilitation Act. Complaints regarding alleged violations of the ADA may be filed with the U.S. Department of Justice against any state or local police department or other law enforcement agency, judicial systems, prisons, or prisons. The EEOC operates an active technical assistance program to promote voluntary compliance with the ADA. This program is designed to help people with disabilities understand their rights and help employers understand their legal responsibilities. A: No. The ADA does not require an employer to create jobs for people with disabilities.
However, the employee must be transferred to a vacant position for which he or she is qualified, if doing so would not involve promotion and would not cause undue hardship. A municipal provision prohibiting transfers between different systems of municipal personnel does not automatically amount to undue hardship. Whether changing a deferral rule in a particular situation would amount to undue hardship must be assessed on a case-by-case basis. In January 1992, the EEOC published a technical assistance manual containing the practical application of legal requirements to certain employment activities and a list of resources to support compliance. The EEOC publishes other educational materials, provides training on the rights of persons with disabilities and employers, and participates in meetings and training programs of other organizations. EEOC staff will also respond to individual requests for information and assistance. The Commission`s technical assistance programme shall be separate and distinct from its implementing roles. Employers who request information or assistance from the Commission will not be subject to enforcement action as a result of such investigations.
Resources are available to help law enforcement plan, conduct, or train on ADA and disability issues, including, of course, our Mid-Atlantic ADA Center and the National ADA Network. Are police officers trained to deal with people with developmental disabilities or mental illnesses so that they understand what behaviour might be due to a disability? A. No. The ADA does not require an employer to hire a candidate with a disability compared to other applicants because the person has a disability. The ADA only prohibits discrimination based on disability. It makes it illegal to refuse to recruit a qualified candidate with a disability because he or she is disabled or because reasonable accommodation is necessary to enable him or her to perform essential professional duties.
