[Anonymous August 12, 1998 at 4:33 am Post count: 93172]

#1049977

Denise:

Here are some selected paragraphs taken directly from the ADA and they just might help you. Hope so!

“(2) Disability.–The term “disability” means, with respect to an
individual–
(A) a physical or mental impairment that substantially limits one
or more of the major life activities of such individual;
( a record of such an impairment; or
(C) being regarded as having such an impairment

(5) Employer.–
(A) In general.–The term “employer” means a person engaged in an industry affecting commerce who has 15 or more employees for eac working day in each of 20 or more calendar weeks in the current or preceding calendar year, and any agent of such person, except that, for two years following the effective date of this title, an employer means a person engaged in an industry affecting commerce who has 25 or more employees for each working day in each of 20 or more calendar
weeks in the current or preceding year, and any agent of such person.
( Exceptions.–The term “employer” does not include–
(i) the United States, a corporation wholly owned by the
government of the United States, or an Indian tribe; or
(ii) a bona fide private membership club (other than a labor
organization) that is exempt from taxation under section 501(c)
of the Internal Revenue Code of 1986.

( Qualified individual with a disability.–The term “qualified
individual with a disability” means an individual with a disability who,
with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires. For the purposes of this title, consideration shall be given to the employer’s judgment as to what functions of a job are essential, and
if an employer has prepared a written description before advertising or interviewing applicants for the job, this description shall be considered evidence of the essential functions of the job.
(9) Reasonable accommodation.–The term “reasonable accommodation” may include–
(A) making existing facilities used by employees readily accessible to and usable by individuals with disabilities; and
( job restructuring, part-time or modified work schedules,
reassignment to a vacant position, acquisition or modification of
equipment or devices, appropriate adjustment or modifications of
examinations, training materials or policies, the provision of
qualified readers or interpreters, and other similar accommodations
for individuals with disabilities.
(10) Undue hardship.–
(A) In general.–The term “undue hardship” means an action
requiring significant difficulty or expense, when considered in light
of the factors set forth in subparagraph (.
( Factors to be considered.–In determining whether an
accommodation would impose an undue hardship on a covered entity, factors to be considered include–
(i) the nature and cost of the accommodation needed under this Act;
(ii) the overall financial resources of the facility or
facilities involved in the provision of the reasonable
accommodation; the number of persons employed at such facility; the effect on expenses and resources, or the impact otherwise of
such accommodation upon the operation of the facility;
(iii) the overall financial resources of the covered entity;
the overall size of the business of a covered entity with respect
to the number of its employees; the number, type, and location of its facilities; and
(iv) the type of operation or operations of the covered entity,
including the composition, structure, and functions of the
workforce of such entity; the geographic separateness,
administrative, or fiscal relationship of the facility or
facilities in question to the covered entity.

(c) Medical Examinations and Inquiries.–
(1) In general.–The prohibition against discrimination as referred to
in subsection (a) shall include medical examinations and inquiries.
(2) Preemployment.–
(A) Prohibited examination or inquiry.–Except as provided in
paragraph (3), a covered entity shall not conduct a medical
examination or make inquiries of a job applicant as to whether such applicant is an individual with a disability or as to the nature or
severity of such disability.
( Acceptable inquiry.–A covered entity may make preemployment inquiries into the ability of an applicant to perform job-related functions.
(3) Employment entrance examination.–A covered entity may require a medical examination after an offer of employment has been made to a job applicant and prior to the commencement of the employment duties of such applicant, and may condition an offer of employment on the results of such examination, if–
(A) all entering employees are subjected to such an examination
regardless of disability;
( information obtained regarding the medical condition or history of the applicant is collected and maintained on separate forms and in separate medical files and is treated as a confidential medical record, except that–
(i) supervisors and managers may be informed regarding
necessary restrictions on the work or duties of the employee and necessary accommodations;
(ii) first aid and safety personnel may be informed, when
appropriate, if the disability might require emergency treatment;
and
(iii) government officials investigating compliance with this
Act shall be provided relevant information on request; and
(C) the results of such examination are used only in accordance
with this title.
(4) Examination and inquiry.–
(A) Prohibited examinations and inquiries.–A covered entity shall
not require a medical examination and shall not make inquiries of an employee as to whether such employee is an individual with a
disability or as to the nature or severity of the disability, unless
such examination or inquiry is shown to be job-related and consistent with business necessity.
( Acceptable examinations and inquiries.–A covered entity may
conduct voluntary medical examinations, including voluntary medical histories, which are part of an employee health program available to employees at that work site. A covered entity may make inquiries into the ability of an employee to perform job-related functions.
(C) Requirement.–Information obtained under subparagraph (
regarding the medical condition or history of any employee are
subject to the requirements of subparagraphs ( and (C) of paragraph (3).”

If I read this right, they can only require a physical if everyone else is required to take a physical as a condition of employment. I would check with a lawyer, but it seems to me that if you are required and no one else is, then you have been discriminated against under the law.

Keep us informed.

Mitakuye Oyasin
Val

[Author]

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