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Employees and Section 504

Employees and Section 504. Chapter 6 Sarah Bell. Section 504. Mandates that employers in institutions receiving federal funds must make “reasonable accommodations” to the limitations of handicapped employees who are otherwise qualified. Modification examples.

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Employees and Section 504

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  1. Employees and Section 504 Chapter 6 Sarah Bell

  2. Section 504 • Mandates that employers in institutions receiving federal funds must make “reasonable accommodations” to the limitations of handicapped employees who are otherwise qualified

  3. Modification examples • Restructure physical access in work areas • Redistribute tasks among jobs so employees can function in their positions • Eliminating unnecessary job qualifications • * Does not mean other employees safety is in danger*

  4. School Board of Nassau County v. Arline • Is contagious disease (ex: tuberculosis) considered handicap under 504? • Ruling: • Accommodations are not reasonable if it imposes “undue financial and administrative burdens” on the employer or requires a fundamental alteration in the “nature of the program”

  5. Chalk v. United States District Court • Teacher with AIDS transferred to administrative appointment • Found that move damaged teacher emotionally and intellectually

  6. Doe v. Dekalb County School District • Positive HIV “pshyoeducation” teacher • Taught students with severe behavioral problems (i.e. biting and violence) • Must be able to physically restrain students • Transferred to “interrelated” classroom • Students with mild disorders • District concerned virus transmitted easily

  7. Teacher claimed transfer violated American Disability Act (ADA) • Ruling: Circuit court needed more review-transferred to Supreme Court

  8. Chevron U.S.A., Inc. v. Echazabal • Supreme court upheld that employers can refuse to hire applicant if job is detrimental to his/her health

  9. Gonzalez v. California State Personnel Board • Handicapped persons are not entitled to any special protections in employment and may be disciplined or fired for misconduct that is not solely a result of their disability.

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