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- Chapter 3 The Americans With Disabilities Act (ADA)
Chapter § 3-11 § 1630.11. Administration of Tests
Jurisdiction | United States |
3-11 § 1630.11. Administration of Tests
It is unlawful for a covered entity to fail to select and administer tests concerning employment in the most effective manner to ensure that, when a test is administered to a job applicant or employee who has a disability that impairs sensory, manual or speaking skills, the test results accurately reflect the skills, aptitude, or whatever other factor of the applicant or employee that the test purports to measure, rather than reflecting the impaired sensory, manual, or speaking skills of such employee or applicant (except where such skills are the factors that the test purports to measure).
3-11:1 Commentary
3-11:1.1 Employer Administered Tests Must Measure Skills and Not the Impairment
• Shepherd v. Goodwill Indus. of S. Tex., Inc., 872 F. Supp. 2d 569 (S.D. Tex. 2011) (plaintiff has severe vision impairment; she applied for an editing position but was not hired because her editing speed was considered too slow by the defendant; defendant thus argued that summary judgment was appropriate because she was not an "otherwise qualified" individual with a disability; court rejects her argument, noting that plaintiff received a reasonable accommodation in taking the test, and it was irrelevant that she did not complain of same at the time she took the test).
Practitioners must keep in mind the issue of standing.
• Betes v. Dura Automotive Systems, Inc., 625 F.3d 283 (6th Cir. 2010)...
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- Chapter 3 The Americans With Disabilities Act (ADA)
- CHAPTER 3 The Americans With Disabilities Act (ADA)
- Chapter § 3-1 § 1630.1. Purpose, Applicability, and Construction
- Chapter § 3-2 § 1630.2. Definitions
- Chapter § 3-3 § 1630.3. Exceptions to the Definitions of "Disability" and "Qualified Individual With a Disability"
- Chapter § 3-4 § 1630.4. Discrimination Prohibited
- Chapter § 3-5 § 1630.5. Limiting, Segregating, and Classifying
- Chapter § 3-6 § 1630.6. Contractual or Other Arrangements
- Chapter § 3-7 § 1630.7. Standards, Criteria, or Methods of Administration
- Chapter § 3-8 § 1630.8. Relationship or Association With an Individual With a Disability
- Chapter § 3-9 § 1630.9. Not Making Reasonable Accommodation
- Chapter § 3-10 § 1630.10. Qualification Standards, Tests, and Other Selection Criteria
- Chapter § 3-11 § 1630.11. Administration of Tests
- Chapter § 3-12 § 1630.12. Retaliation and Coercion
- Chapter § 3-13 § 1630.13. Prohibited Medical Examinations and Inquiries
- Chapter § 3-14 § 1630.14. Medical Examinations and Inquiries Specifically Permitted
- Chapter § 3-15 § 1630.15. Defenses
- Chapter § 3-16 Damages
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