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1. Is the ability to work safely essential to the job?
One of the duties of any
job is to work safely, according to the Michigan Court of Appeals in a
case brought under the Michigan Handicappers' Civil Rights Act
(Szymczak v. American Seating Co., 3 A.D. Cas. (BNA) 381 1994).
Employees owe a general duty to their employers to act with due regard
for the safety of themselves and others while at work. Therefore, a
handicap that prevents someone from doing a job with due regard for the
safety of himself and others is a handicap that is related to the
ability to perform that job.
2. Is respect for authority an essential function of the job?
Refraining from violence
and respecting authority are essential functions of any job.
(Mazzarella v. U.S. Postal Service, 3 A.D. Cas. 232, D. Mass. 1994).
3. Can the employer withdraw an offer of employment if an employee
is belligerent, obnoxious, or angry during testing?
Absolutely, since the
employee is attending the facility as a representative of the company,
they would be expected to conduct themselves in a manner conducive to
company policy/expectations. Any insubordination or misconduct would be
reported directly to the company via the job specific computer
generated report. The final decision regarding continued employment
rests with the employer.
4. If I test all people in one job classification and choose not to
test a group in another job classification, is that discriminatory?
No. Example: It is
perfectly acceptable to test all mechanics in a facility and not any of
the secretaries or vice versa.
5. What is the definition of essential functions?
The definition of
essential functions is the fundamental job duties of the employment
position. The marginal or peripheral functions of the position that are
incidental to the performance of the job are not considered essential
functions.
A particular function may be essential
because:
·
The position exists to perform that
function,
·
There are only a limited number of employees
available to perform the function or,
·
the function is so specialized that the
position can only be filled with an individual who can perform that
function.
In determining whether a
function is essential, the following
evidence will be
considered:
A) Employer's judgment
B) Existing written job descriptions
C) Percentage of time in position spent performing the function
D) Consequences if the function is not performed
E) Experience of previous employees in the position
F) Experience of current employees in the position
G) The terms of a collective bargaining agreement
6. How is reasonable accommodation defined?
Reasonable accommodation
is defined as any modification to recognized essential functions or the
associated application for the job in question within a fairly defined cost
range based on company size. This would include:
A) Making existing facilities readily
accessible to and usable by disabled individuals
B) Job restructuring
C) Part-time or modified work schedules
D) Reassignment to a vacant position
E) Acquisition or modification of equipment or devices
F) Appropriate adjustment or modification of examinations, training
materials or policies
G) The provision of qualified readers or interpreters
7. What is the definition of direct threat?
Direct threat is defined
as a significant risk of substantial harm that cannot be eliminated or
reduced by reasonable accommodation. It should be based on a reasonable
medical judgment that considers the most current medical knowledge
and/or the best available objective evidence. Factors to be considered
include:
A) The duration of the risk
B) The nature and severity of the potential harm
C) The likelihood that the potential harm will occur
D) The imminence of the potential harm
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