My Very1st Ada Compliance Bathroom For Mac

1. My Very1st Ada Compliance Bathroom For Macy's
2. My Very 1st Ada Compliance Bathroom For Mac

• Find the perfect bathroom faucet to go with any bathroom sink with our variety of styles and finishes in stock and ready to ship. Make space-saving enhancements to the bathroom by shopping our selection of bathroom storage products, like medicine cabinets and bathroom shelving.
• Bathroom, one that is a separate gender-neutral facility, includes an adult-length changing table, has plenty of extra space, and even provides a lift for transferring larger children and adults to the changing table and toilet.

If you're configuring a bathroom in a small space, you'll want to peruse a range of narrow bathroom layouts for ideas on how to maximize the efficiency and comfort of your bathroom. Since the area itself isn't going to expand, you may want to first consider a few design elements that can create the.

I am interested in buying a modern bathroom sink. Where do I start? If you are looking to buy modern and contemporary sinks, thinner, sleeker, and more rectangular bathroom sinks may be the way to go.

Ceramics are becoming stronger even as they become more lightweight, so newer bathroom sink designs have thin, straight, and narrow edges. Most vessel sinks are round or oval shaped, but rectangular vessel sinks are more modern.

If you shop for bathroom sinks online, you will have a larger set of modern and contemporary sinks to choose from. What type of bathroom sink works best for a small bathroom or powder room? For small spaces and small bathrooms, corner sinks may be ideal because they typically do not take up much room. Small corner sinks can be mounted on a vanity cabinet, which is a great idea if you want some extra storage space for towels or accessories. You could also mount the corner bathroom sink on the wall, saving some space in your mini bath for other fixtures. Ideally, you want a small size or narrow sink in the installation you need.

I am interested in buying a modern bathroom sink. Where do I start? If you are looking to buy modern and contemporary sinks, thinner, sleeker, and more rectangular bathroom sinks may be the way to go.

Ceramics are becoming stronger even as they become more lightweight, so newer bathroom sink designs have thin, straight, and narrow edges. Most vessel sinks are round or oval shaped, but rectangular vessel sinks are more modern. If you shop for bathroom sinks online, you will have a larger set of modern and contemporary sinks to choose from. What type of bathroom sink works best for a small bathroom or powder room?

For small spaces and small bathrooms, corner sinks may be ideal because they typically do not take up much room. Small corner sinks can be mounted on a vanity cabinet, which is a great idea if you want some extra storage space for towels or accessories. You could also mount the corner bathroom sink on the wall, saving some space in your mini bath for other fixtures. Ideally, you want a small size or narrow sink in the installation you need. What types of sinks are best for a large bathroom like a master bathroom? Before you determine which bathroom sink you want to buy for your master bath, you need to decide on your bathroom vanity and countertop. How big is your bath vanity - is it a double sink vanity with his-and-hers bathroom sinks?

Will the vanity top support two vessel sinks or will it have holes for an undermount sink? Will you have two bathroom vanities or a single wide one? These are choices you will have to make buying your bathroom sinks. Which material is best for a bathroom sink - ceramic, glass, stone, wood, copper, or steel? Most bathroom sinks are made of ceramic, a high quality material that will last a long time in your bathroom. Typically, wall mounted sinks and undermount sinks are made of ceramic. Vessel sinks or above the counter sinks allow you to choose between ceramic and porcelain and other more creative materials like glass, stone, wood, copper, and steel.

Although these options may not be as durable and easily cleaned as white ceramic, they give you the ability to match different colors and styles in your bathroom. Can you list out all the plumbing parts I need to shop for my new sink? When shopping online for your new sink, you want to make sure you buy a bathroom sink along with the required plumbing parts. First, you will need a sink faucet or two, depending on whether your sink comes with one or two faucet holes. For double hole sinks, you will need two of the same faucets. It's important note that a single faucet bathroom sink might have three faucet holes, one each for the hot and cold knob and one for the faucet itself. You will also need a p-trap and a pop-up waste (also called a click-clack drain) to control the flow of water in your sink.

You will also need to buy a pair of angle stop valves that will control the flow and temperature of water to your faucet. How long will it take to install a wall mounted sink and will I need to hire a pro/contractor? Although it's not required, it may be in your best interest to work with a contractor or professional before you purchase your bath sink. Some sinks are very easy to install and may take a few minutes, while others like wall mount sinks may be a little more difficult. If you plan before you buy, by taking measurements and dimensions of your bath, you can DIY, but having help installing your bathroom sink won't hurt.

What is the difference between a vitreous china sink, a porcelain bathroom sink, and a ceramic sink? Vitreous china and porcelain are essentially the same thing. Both are made of fireclay but vitreous china refers to a porcelain sink with an added layer of shiny gloss/coating. This coating will provide the ceramic sink with extra protection and durability. As far as the difference between porcelain and ceramic sinks: porcelain is the hardest type of fireclay and is considered to be a high-quality ceramic, which is why it can be pricier than other ceramics, but also more popular. Wall Mounted Sinks Wall mounted bathroom sinks have grown in popularity.

What used to be considered more of a commercial option is now finding a place in residential spaces. Wall mounted sinks are, just as the name suggests, mounted directly to the wall instead of being installed in a bathroom vanity. The piping is often exposed, giving an industrial and vintage feel. If your bathroom is on the smaller side, wall mount sinks can give you the illusion of a larger space, similar to a pedestal sink but without the base.

Most wall hung sinks are rectangular or square but you'll find some round or corner options as well. Wall hanging sinks aren't the easiest to install alone but their affordable prices leaves room in the budget to hire a professional. Having your sink mounted to the wall offers plenty of design options as you won't need as much room for a cabinet. If you're hoping to change the layout of your bathroom without doing a complete demo, one of the easiest places to start is by installing a wall mounted sink.

Shop for here. Vessel Sinks Vessel sinks are probably the most popular option on the market today. They offer a professional and designer look without breaking the bank. Vessel bathroom sinks sit above the bathroom counter, similar to the washbasins of yesteryear, and can be found in a variety of materials, including glass and copper. They are typically circular but there are some truly unique designs available. Above-the-counter sinks have a strong Italian influence and can instantly add value and depth to any bathroom design. There are a few things to consider before buying any of our above counter sinks.

First, while they're easy to clean, there is more surface area to wipe down and maintain. Also, over the counter sinks can't withstand as much pressure as an undermount sink. If they are installed in a bathroom used primarily by children, make sure that little hands can reach the faucets without having to lean on the sink. If you're looking for a trendy option, vessel bathroom sinks can add tremendous value to your bathroom. Shop for here. Pedestal Sinks Pedestal sinks include a pedestal (leg) and a basin. The weight of a pedestal sink is held up by both the wall behind it and the pedestal underneath it.

Because these sinks usually don't take up much space, the pedestal sink is an perfect option where space is limited such as guest bathrooms and half bathrooms. Many pedestal sinks offer a traditional, vintage feel but modern is becoming more and more popular. Buy a pedestal sink if you don't need the extra counter space and if you don't plan on having a vanity cabinet for storage. Console Sinks Console bathroom sinks include two pieces: the console stand (usually with two legs) and the sink. Similar to pedestal sink, console sinks are held up by both the wall behind it and the stand underneath it.

These sinks are similar to wall mounted sinks in that the piping is meant to be exposed, giving an overall trendy, modern look. Many console sinks feature an integrated towel bar connected in between the two legs. Console sinks can also feature a wide sink, allowing for some counter space on either side for the addition of toiletries and accessories. Drop In Sinks Drop In sinks function just as they sound: they are dropped into a space or hole in the countertop, leaving the sink lip to support the sink's weight. Usually less expensive and easy to install, these sinks are a great option if you have a vanity cabinet without a countertop. A great use-case for this type of sink would be in your master bathroom, where you installed a large pre-cut countertop with two open spaces - perfect for two drop-in sinks and plenty of counter space around for your bathroom accessories.

Drop in sinks are sometimes called self rimming sinks. Undermount Sinks Undermount sinks, also called under-the-counter sinks, are installed underneath a countertop. It is very similar to drop-in sinks, but in contrast to the sink lip resting on top of the counter as it does for a drop in sink option, the undermount sink lip is sealed to bottom of the countertop. This installation creates a sleek, clean feel as well as maximizing space and functionality.

The undermount sinks is a popular commercial option for places like restaurants, public bathrooms, hotels, etc. Trough Sinks If you're looking for a touch of European design, trough bathroom sinks are the perfect option. Because of their large size, you can eliminate the need for double sinks in some layouts or simply let your trough sink serve as a stunning conversation piece that commands attention. Trough sinks traditionally have sharp lines and corners but there are oval options available. Most are ceramic and give you the ability to customize your hardware.

For example, a porcelain trough sink coated in vitreous china can be paired with metal or brass fixtures for a unique contrast that's completely custom. You can choose a large trough sink that extends most of your counter length, which is great for kid-friendly bathrooms as you'll be able to rinse away messes in a flash, or choose a smaller self-rimming option for an upscale feel. Either way, your imported trough sink will be of high quality and look simply stunning.

Shop for here.

The Americans with Disabilities Act (ADA) Amendments Act of 2008 was signed into law on September 25, 2008 and becomes effective January 1, 2009. Because this law makes several significant changes, including changes to the definition of the term 'disability,' the EEOC will be evaluating the impact of these changes on this document and other publications.

See the made by the ADA Amendments Act. Introduction The Americans with Disabilities Act (ADA) is a federal civil rights law that applies to people with disabilities and protects them from discrimination.

The Equal Employment Opportunity Commission (EEOC), a Federal government agency, enforces the sections of the ADA that prohibit employment discrimination. This Guide explains these ADA employment rules for the food service industry. The ADA is important to food service employers and employees. Food service employers must avoid discriminating against people with disabilities while obeying strict public health rules.

Food service workers with disabilities have rights under the ADA when applying for jobs or when working for a restaurant, cafeteria, or other food service employer. This Guide has three parts: (1) basic information about the ADA; (2) an explanation of the relationship between the ADA and the FDA Food Code; and (3) a discussion of the ADA's rules that prohibit employment discrimination against qualified people with disabilities. General Information About the ADA 1. What is the ADA? The Americans with Disabilities Act is a Federal law that prohibits most employers from discriminating against a qualified person who has a disability.

The EEOC enforces the employment parts of the ADA. The EEOC has more than 50 offices in cities throughout the U.S. And in Puerto Rico.

To find the EEOC office near you, check the EEOC web site at. You also can call the EEOC at 1-800-669-4000/1-800-669-6820 (TTY). Is my business covered by the ADA? The employment provisions of the ADA apply to businesses that have 15 or more employees on the payroll. This includes full and part-time employees. If you have several sites that are all owned, operated, and managed by your business, then you must count all the employees at these sites.

But, if you have different sites that are not owned, operated, or managed by the same business, then you have to count all the employees only if your business is an 'integrated enterprise.' See Appendix E for information about 'integrated enterprises.' Who is protected by the ADA?

The ADA protects a person with a disability who is qualified for the job. The ADA does not provide a list of disabilities.

The ADA has a legal test to decide if a person has a condition that is severe enough to be an ADA disability. The ADA defines a current disability as:. a medical condition or disorder (called an impairment). that substantially limits a person. in doing basic activities (called major life activities).

The ADA also protects a person who has a record of a disability or is regarded as having a disability. Examples of impairments include hearing loss, limited eyesight, loss of a limb, or an illness from a pathogen transmissible through food, as listed in the FDA Food Code at section 2-201.11. In order for an impairment to be serious enough to be an ADA disability, the impairment must substantially limit a major life activity.

Examples of major life activities include walking, seeing, hearing, breathing, caring for oneself, performing manual tasks, sitting, standing, lifting, learning, and thinking. Example 1: Hanh has severe diabetes that seriously limits her ability to eat. Even when taking insulin to help manage her diabetes, Hanh must test her blood sugar several times a day, and must strictly monitor the availability of food, the time she eats, and the type and quantity of food she eats, to avoid serious medical consequences. Hanh has an impairment that substantially limits her ability to eat. She is a person with a disability under the ADA. A major life activity is substantially limited under the ADA if it is severely limited either permanently or for a long time by an impairment.

An impairment also may cause serious, long-term effects that, in turn, severely limit a major life activity. Example 2: Dani contracted Hepatitis A, which led to liver failure and the need to have a liver transplant. In the eight-month period during which she has been waiting for a new liver, she has been substantially limited in her ability to care for herself. Dani is a person with a disability under the ADA. The ADA protects people with serious, long-term conditions.

It does not protect people with minor, short-term conditions. Example 3: Chen contracted typhoid fever due to the ingestion of the bacterium S. The symptoms of his illness included high fever, extreme fatigue, headaches and joint pain. However, he received antibiotics from his doctor and his condition began to improve within a week. He completely recovered within a few weeks. Chen is not a person with a disability under the ADA.

The ADA lets the employer hire the most qualified person for the job, regardless of disability. To be qualified, a person with a disability must:. meet job-related requirements (such as having the required education, experience, skills or licenses) and.

be able to perform the job's 'essential functions' (that is, the duties that are central to the job) with or without a reasonable accommodation. A reasonable accommodation is a change in the job application process, in the way a job is performed, or to other parts of the job (like employer-sponsored training, benefits, or social events) that enables a person with a disability to have equal employment opportunities. See questions 20-27 for more about reasonable accommodations. Does the ADA allow an employer to consider the difficulty or expense of a reasonable accommodation? The ADA requires employers to provide reasonable accommodation to a qualified person with a disability unless to do so would be an 'undue hardship.' Undue hardship means significant difficulty or expense.

A requested reasonable accommodation poses an undue hardship if:. it involves a significant difficulty that disrupts the business;. it involves a significant expense; or.

it requires the employer to change the basic nature of its business. If the employer can show that one particular reasonable accommodation will cause an undue hardship, it is not required to provide that reasonable accommodation. See question 24 for more on undue hardship. Example 4: Ashley applies for a wait staff position at a nightclub. She has a vision impairment that makes it very difficult for her to see in dim lighting.

Ashley requests, as a reasonable accommodation, that the nightclub be brightly lit. The employer would probably be able to show that this accommodation poses an undue hardship. Bright lights would damage the atmosphere of the club and make it difficult for the patrons to see the stage shows. Example 5: Kyung applies for a job as a cashier at a fast food restaurant. Kyung is qualified for the job in every way, but the employer is reluctant to hire him, fearing that Kyung's cleft palate will offend customers. If the employer refuses to hire Kyung for this reason, the employer will not be able to show undue hardship.

An employer cannot claim undue hardship based on customers' (or employees')fears or prejudices about a person's disability. Does the ADA let employers consider the health or safety of the employee or co- workers in deciding whether to hire or fire employees or make other employment decisions? Under the ADA, an employer may refuse to hire or may terminate a person who would pose a 'direct threat' to the health or safety of himself or others in the workplace. Direct threat means a significant risk of substantial harm.

A risk is a direct threat only if it cannot be avoided or reduced to safe levels by a reasonable accommodation. An employer must not rely on rumors or on general information about a medical condition.

Instead, an employer must figure out, based on facts, whether the individual in question poses a direct threat. Example 6: Julio delivers pizza for a restaurant.

His job requires driving a delivery car most of the day. Julio's employer often sees him suddenly falling asleep while waiting at the restaurant for his next delivery assignment. The employer is concerned that Julio might fall asleep while driving and cause an accident, hurting himself and others. When the employer asks Julio about his habit of falling asleep suddenly, Julio states that he has been diagnosed with sleep apnea. Based on this information, the employer may ask Julio medical questions or require that he take a medical exam to figure out if he is a direct threat when driving. If the medical inquiries or exam reveal that Julio has an impairment that causes him to fall asleep without warning, the employer may be able to establish that employing Julio to drive poses a significant risk of substantial harm to the safety of Julio and others.

In making this determination, the employer must consider whether there is a reasonable accommodation that would eliminate the risk or reduce it to a safe level. The ADA and Diseases Transmissible Through Food The FDA Food Code addresses the issue of employee health for those employees who work around food.

One of the Food Code's intentions is to protect the public from diseases transmissible through food. The FDA Food Code addresses the Big 4 pathogens:. Salmonella Typhi,. Shigella spp.,. Shiga toxin-producing Escherichia coli.

Hepatitis A virus Under the ADA, the Centers for Disease Control and Prevention (CDC) must annually publish a list of infectious and communicable diseases. The Big 4 pathogens listed in the Food Code are included on the CDC list. See Appendix F for more information about the Big 4.

The FDA Food Code also discusses symptoms of gastrointestinal illness such as diarrhea, vomiting and fever. As a restaurant business, may I ask an applicant during the job interview about her health and about diseases transmissible through food, as listed in the FDA Food Code at section 2-201.11(A)?

May I use the FDA Food Code's 'Model Form 1-A' before making a job offer? It is too early to ask these questions at the job interview.

The ADA prohibits it. At the job interview, you should decide if the person is qualified for the job. See question 13. The best course of action is to follow the guidance of Model Form 1-A, which says food employers should ask questions about symptoms and diseases transmissible through food only after a conditional job offer has been made. After I make a conditional job offer, may I ask about diseases transmissible through food or use Model Form 1-A?

After you make a conditional job offer, you may ask about diseases transmissible through food. You may ask questions about an applicant's health and require a medical exam. You must treat all applicants in the same job category the same. Example 7: Carla and Anjali both apply for wait service jobs at a diner.

Carla coughs throughout the interview. The owner tells both women he intends to hire them. He then requires Carla, but not Anjali, to fill out Model Form 1-A (which asks about foodborne illnesses.) This would violate the ADA, which requires that the employer treat all applicants for wait staff positions the same. You also may ask medical questions of a current employee, as explained in question 9.

May I cancel a conditional job offer without violating the ADA if an applicant is diagnosed with an illness due to one of the diseases transmissible through food, as listed in the FDA Food Code at section 2-201.11(A)? If the applicant is diagnosed with an illness due to one of the diseases listed in the Food Code (the Big 4) and is disabled by that illness, you must follow the requirements of the ADA. The steps to follow: If the applicant is disabled by the illness, then you may cancel the job offer only if:.

it is for a food handling job; and. you determine that either there is no reasonable accommodation that would eliminate the risk of transmitting the disease through food, or any such accommodation would be an undue hardship to your business. If, however, the applicant has one of the diseases listed in the Food Code, but does not have an ADA disability, the requirements of the ADA do not apply.

May I require a current employee to report whether he has a disease transmissible through food as listed in the FDA Food Code or to fill out Model Form 1-A from Annex 7 of the FDA Food Code? Yes, you may require current employees to make these reports. The ADA itself recognizes the danger to public health presented by diseases transmissible through the handling of food. See 42 U.S.C. 12113(d)(1) and (2). The ADA also says that you may follow any state, county or local food handling law designed to protect the public health from the infectious and communicable diseases identified by the CDC. See 42 U.S.C.

Such state, county or local food handling laws may include the Food Code's reporting requirements. Therefore, food service employers who follow the FDA Food Code reporting requirements do not violate the ADA. The FDA Food Code reporting requirements are:. In section 2-201.11(A), an employee has to report whether he is diagnosed with an illness due to one of the Big 4 listed pathogens. In section 2-201.11(B), an employee has to report whether he has any symptomsrelating to intestinal illness, boils or infected wounds. In section 2-201.11(C), an employee has to report if he has had a past illness due to one of the listed pathogens. In section 2-201.11(D), an employee has to report if he meets one of the specific high-risk conditions for becoming ill due to one of the four listed pathogens.

In section 2-201.13, an employee must get a medical clearance before the employer may lift the employee's exclusion or restriction. You may also ask medical questions of a particular employee who handles food if you have an objective factual basis, i.e., concrete reasons, for linking the employee's medical condition to workplace safety or job performance. For example, if you see that an employee is vomiting or has other symptoms of a gastrointestinal illness, you may ask her if she has one of the Big 4 diseases.

You have an objective reason to believe that the employee may pose a risk to workplace safety because you have observed the symptoms that the FDA has determined are likely to transmit one of the listed foodborne illnesses. The ADA and the Food Code's Provisions on 'Exclusions' and 'Restrictions' Under the FDA Food Code, a food employee must report if he has certain symptoms, including diarrhea, fever, vomiting, jaundice, or sore throat with fever, which are associated with a gastrointestinal illness.

An employee with such a symptom must be restricted from performing certain duties, including food handling. The restriction must remain in place until the employee is free from the suspected infectious agent. You should review the FDA Food Code, section 2.201.13, for a complete explanation of how to remove restrictions.

A food employee also must report if he is diagnosed with an illness due to one of the Big 4 pathogens. If he is, he must be excluded from the food establishment. The exclusion may be removed if the employer obtains approval from the regulatory agency that has authority over the establishment, and the employee provides written medical documentation that he is free from the pathogen and can work as a food employee. See FDA Food Code, section 2.201.13 for a complete explanation of how to remove exclusions. Most people who have a disease resulting from the Big 4 pathogens are not disabled by them.

These diseases are usually short-term and/or minor. If a person does not have an ADA disability, the food service employer may follow the Food Code's guidance on exclusions without considering the ADA.

But, when a person is disabled by one of the diseases caused by a Big 4 pathogen, the food service employer must consider the ADA in addition to the provisions in the FDA Food Code. The ADA says that an employer may refuse to assign or continue to assign an employee to a job involving food handling if that employee is disabled by one of the diseases on the CDC list (which includes the Big 4 pathogens) and if the risk of transmitting the disease cannot be eliminated by reasonable accommodation. See 42 U.S.C.

This means that when an employee claims to be disabled by one of the diseases listed in the Food Code and requests reasonable accommodation, you must follow these steps. The steps to follow: If an employee is disabled by the disease and has been given a reasonable accommodation or has been excluded from the food establishment you must:. return the employee to the full duties of her original position once the need for the accommodation or exclusion has passed, i.e., once the risk of transmitting the disease through food no longer exists, unless holding the position open would pose an undue hardship. If holding the position open for the entire period of the accommodation or exclusion would pose an undue hardship, you must determine if there is a vacant equivalent position for which the employee is qualified and to which she can be returned without causing undue hardship. You may fill the job without violating the ADA if the employee does not have an ADA disability.

However, if you are covered by the Family and Medical Leave Act, and the employee is eligible for such leave, you may be required to reinstate the employee. See question 27 for information about the Family and Medical Leave Act. An employee reports that she has a symptom of a food-related disease or actually has the disease. May I mention her name to my other employees, who now may have to get tested? No, the ADA prohibits you from disclosing the name of the employee who may have caused the exposure to a food-related disease, unless disclosing the name is required by another Federal law. The ADA says that medical information is confidential.

You may inform your other employees that they may have been exposed and may have to be tested. Example 8: The head of the wait staff, Hasad, informs his supervisor that he has Hepatitis A.

The supervisor must keep this information confidential and should not inform the staff that Hasad has Hepatitis A. The supervisor may, however, inform the staff that a case of Hepatitis A has been reported and that employees should continue to take steps for safeguarding public health. An employer must not keep medical information in an employee's personnel file. Medical information should be kept in a separate medical file. Only those few employees who really need the medical information for work-related reasons should have access to the file.

If the information is stored in a computer file, the employer should limit the number of persons who have access to it. The ADA's Rules About Applying for a Job 12. Do I have to help an applicant with a disability so that she can apply for a job? Yes, if the help is requested. The ADA requires that an employer provide a reasonable accommodation so that an applicant with a disability can apply for a job.

For example, if you use a computer-based application form and a person with a disability tells you that he wants to apply for a job but cannot use the computer terminal, you would have to provide another way for him to apply. Example 9: Eliana applies for a bookkeeping position. After reviewing her resume, the employer decides to interview her and tells her to come to the second floor office for her interview. Eliana asks whether the building has an elevator and is told that it does not. She asks if the interview can be held on the first floor because she uses a wheelchair. Unless this imposes a significant difficulty or expense, the employer should accommodate Eliana by interviewing her on the first floor. May I ask an applicant questions about her health right away?

Employers may not ask about an applicant's medical condition or require a medical exam until after deciding that the person has the necessary job skills and making a conditional job offer. Questions should focus on ability to do the job.

You may ask the applicant if she can do the job and to describe her skills and experience. You may ask about gaps in employment and education. If an applicant has an obvious disability that may prevent her from doing an important part of the job, you may ask her to show or describe how she would perform that job function. You also may ask if she will need help to do the job (or a 'reasonable accommodation'). But you may not ask for details about the disability.

(For information regarding the use of Model Form 1-A, see question 6.) Example 10: Bakari, whose right hand was amputated, applies for a job as a host. One requirement of the job is to wrap forks and knives in cloth napkins that the wait staff then places on tables. The employer may ask Bakari, even before making a job offer, to show how she would perform this job requirement or if she might need an accommodation. Before I make a job offer, may I find out if the applicant has filed a workers' compensation claim in the past? But you may ask about the applicant's medical, disability, and workers' compensation history after you make a conditional job offer, as long as you do this for everyone in the same job category. Before I make a job offer, may I ask if the applicant currently uses drugs illegally or drinks?

Someone who currently uses drugs illegally is not protected under the ADA. Therefore, an employer may ask an applicant about her current illegal use of drugs. Questions may involve illegal drugs (cocaine, crack, heroin) and the illegal use of prescription drugs. An employer also may require an applicant to take a drug test.

(If the drug test is positive, the employer may validate the test results by asking about lawful drug use or other possible explanations for the positive result, other than the illegal use of drugs.) An employer also may ask an applicant whether she drinks alcoholic beverages. Before I make a job offer, may I ask if the applicant is an alcoholic or a former drug addict? Alcoholism and past drug addiction may be disabilities. The ADA does not allow questions about disabilities before making a conditional job offer. (But you may ask about current illegal use of drugs and whether the applicant currently drinks alcohol. See question 15.) 17.

I have made conditional job offers to several people and obtained basic medical information from each of them. May I require a follow-up medical exam of just one person? Yes, you may require a follow-up examination of just one person if the exam is medically related to the basic information already obtained in the first medical inquiry or exam. Example 11: XYZ cafeteria gives Fletcher and Yvette conditional job offers of employment for kitchen positions. Fletcher writes on Model Form 1-A that he recently returned from a trip out of the country where he was exposed to typhoid fever. Yvette's completed form did not report any disease or exposure.

Fletcher is not sick, but because of what Fletcher disclosed on Model Form 1-A, XYZ may conduct a follow-up medical exam to figure out whether he is carrying a food-related disease. It does not have to conduct a similar exam of Yvette. May I take away the conditional job offer solely because the medical exam shows that the person has a disability? You may not take away a job offer solely because a person has a disability. If you believe that the disability will prevent the person from performing the essential functions of the job or raise a safety issue, you should not automatically take away the conditional job offer. Instead, you need to figure out if there is something you can do change how the job is done, let the person take breaks, and so forth so that the person can do the job without posing a direct threat. You may only withdraw the job offer if there is no accommodation that would allow the person to perform the essential functions of the job without posing a direct threat or an undue hardship.

Example 12: Jacob applies for a kitchen job, is qualified, and is given a conditional offer. Jacob discloses that he is diabetic and wears a medical-alert bracelet. The restaurant manager knows that section 2-303.11 of the FDA Food Code prohibits employees involved in food preparation from wearing jewelry on their arms and hands, including medical-alert bracelets. As a reasonable accommodation, the manager should allow Jacob to wear the medical-alert tag as a necklace.

If a person is HIV positive or has been diagnosed with AIDS, may I take away the conditional job offer? You may not take away a conditional job offer made to a HIV-positive person or to any other person for disability-related reasons if the person can do the job safely or if there is a reasonable accommodation that will enable him to do the job without posing a direct threat. HIV is not listed on the CDC list or in the FDA Food Code as a disease transmissible through the food supply. Fear about HIV or AIDS, or concern about others' reactions, does not justify taking away a job offer. Example 13: In response to post-offer questions from the employer, Luka discloses that he is HIV-positive. HIV is not listed as one of the foodborne illnesses on the CDC list.

The employer may not take away the conditional job offer because it is concerned about co-worker reactions or because it assumes that someone with HIV would tire too easily. Reasonable Accommodation 20. What is a reasonable accommodation? A reasonable accommodation is a change to the job application process, in the way a job is done, or to other parts of the job (like employer-sponsored training, benefits, or social events), that enables a person with a disability to have equal employment opportunities.

The applicant, the employee, a health care provider, a relative, a friend, or another representative acting on behalf of the applicant or employee, may request the reasonable accommodation. If an employee or her representative NEVER requests a reasonable accommodation, do I have to give one? Generally, no. However, if you are aware that an employee may need an accommodation but is unable to ask for one due to his disability, you may have to start the reasonable accommodation discussion with the employee. Example 14: Abner has Down's Syndrome and works in a utility position. Every day, the manager talks to the utility staff about specific tasks. The manager, who knows that Abner has Down's Syndrome, notices that Abner performs several of his assigned tasks but as the day goes on, forgets to perform other tasks.

Because of his disability, Abner may be unable to remember his assignments and unable to request a reasonable accommodation to change how assignments are made. In this case, the employer may need to raise the matter with Abner. An employee's doctor sent me a note saying the employee needs some special help at work because of a medical condition, but the doctor never said the employee needed a 'reasonable accommodation.' Is this a request for accommodation? The ADA does not require an applicant, employee, or a representative to say the words 'reasonable accommodation.' The worker or a representative must tell the employer that he needs a change at work for a reason related to a medical condition. If a representative makes the request, the employer should discuss the matter with the worker as soon as possible.

Example 15: Querida injured her back in a car accident and was out of work for several months. She is ready to go back to her restaurant job as an alley coordinator, where she reviews and garnishes plates from the cooking line and ensures all food is correct, cooked properly, and ready to eat. Querida's mother calls the restaurant just before Querida returns and informs the manager that Querida's injury is permanent and that it is very painful for her to stand for long periods of time. She will need to sit 10 minutes for every hour that she stands.

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Although Querida did not make the request herself, the restaurant will have to consider whether it can provide her with this or some other reasonable accommodation. The restaurant also may request that Querida provide medical documentation establishing that she has a disability and needs a reasonable accommodation. A request does not have to be in writing.

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It can be communicated during a spoken conversation, through a sign language interpreter, or in other ways. The employer must consider a request for accommodation as soon as it is made, whether orally or in writing. However, the employer may request the employee or applicant to submit a written confirmation of the request for record-keeping purposes. The employer needs to take the request seriously and treat it as the first step in finding an effective accommodation. But the employer is not always required to give the employee exactly what he wants.

My assistant manager has a back problem and says that she needs extra breaks during the day to do special stretching exercises recommended by her doctor. I don't know if her back problem is serious enough to be an ADA disability. What should I do? Often, it makes business sense to work with a person (like the assistant manager) who has an impairment and asks for a reasonable accommodation (like extra breaks), instead of focusing entirely on whether she has a disability and is protected by the law. See question 3 for the definition of disability. But there are some situations where it is clear that a person has a disability under the ADA.

Example 16: Phoebe has an intellectual disability which significantly limits her ability to think and learn. She would like to apply for a position as a dishwasher at a local fast food restaurant. The application process is computerized. Phoebe cannot use the computer and asks to apply for the job in person. Unless granting the request would pose a significant difficulty or expense for its business, the employer should accommodate Phoebe by allowing her to apply for the position in a different way. It is also important not to jump to the conclusion that it would be impossible to accommodate specific types of disabilities.

Example 17: Kelsey has an incurable skin condition, called vitiligo, in which patches of skin turn white and do not produce melanin. These areas of her skin have no protection from the sun, and they become painful if exposed to the sun for extended periods of time. Kelsey applies for a job at a restaurant with a large outdoor seating area, open from mid-spring through early fall.

Well-qualified for the position, Kelsey receives a conditional offer of employment and then asks for a reasonable accommodation: being assigned only to serve inside tables. To decide whether it can provide this accommodation, the restaurant considers several questions: Is there enough business inside the restaurant so that Kelsey can only work inside? Are there enough staff to cover all of the tables outside if Kelsey only works inside? The restaurant also should consider other alternatives. For example, if a portion of the outside patio is in the shade, there may be enough tables either there alone or in combination with inside tables for Kelsey to carry a full work load. The restaurant also may ask Kelsey to provide medical documentation establishing that she has an ADA disability and needs a reasonable accommodation. An employee requested an accommodation that would be very difficult and/or expensive.

Do I still have to provide it? You do not have to provide a reasonable accommodation if doing so will be an undue hard- ship. Undue hardship means significant difficulty or expense, significant disruption of the business, or a change to the basic nature of the business. See question 4 for more on undue hardship. If the person with a disability asks for a reasonable accommodation that is an undue hardship for your business, you must decide if there is another accommodation that is less difficult or expensive.

Example 18: Grace works as the morning manager of a cafeteria with a brisk breakfast business. She opens the cafeteria each morning. After several years on the job, Grace is diagnosed with major depression and starts to take medication. The medication causes Grace to feel groggy in the morning. As a result, she is often late.

She asks the restaurant for a later start time. One of Grace's essential functions is to open the restaurant, and it is an undue hardship for the employer if Grace opens late. (But note: just because one possible reasonable accommodation will not work does not mean that you have no obligation to see if there is another accommodation that will work. For example, could Grace be reassigned to another shift or another job?) It is very important that you and your employee work together to figure out whether there is an accommodation that would allow the employee to do the job. May I automatically reject a request to use a service animal as a reasonable accommodation? No, you may not automatically reject this request from a person with a disability. The FDA Food Code has special rules for service animals.

Special rule for service animals: FDA Food Code Section 2-403.11 prohibits handling of animals, but allows employees to use service animals. Section 6- 501.115 states that service animals may be permitted in areas not used for food preparation.

Employees may handle their service animals if, after handling a service animal, the employee washes his hands for at least 20 seconds using soap, water, and vigorous friction on surfaces of the hands, followed by rinsing and drying as per Section 2-301.12. You also have to figure out if the service animal would be an 'undue hardship' on your business, or whether the service animal would pose a direct threat to the health or safety of your other employees or the public. See questions 4 and 5 for more on undue hardship and direct threat. An employee with a disability is permitted to handle his service animal at work unless the employer demonstrates that it would cause an undue hardship or pose a direct threat. Example 19: Adelio, who is blind and uses a service animal, applies to work as a cashier at a company's snack bar. Adelio explains that the dog can sit near the cash register area while Adelio works.

The company may not automatically reject Adelio because he uses a service animal. The company must allow Adelio to keep his dog near the cash register area unless it can prove that doing so would impose a significant difficulty or expense or a significant risk of substantial harm.

(A food service business's obligation to accommodate a customer who uses a service animal is enforced by the Department of Justice. For information on this issue, go to or call (202) 307-0663 (voice and TDD).) 26. My restaurant has several locations in the city. One of my employees with a disability can no longer do his job at one location, even with a reasonable accommodation. There are no other openings at that location, but there are several at another restaurant that would be appropriate. Do I have to consider placing the employee at the other restaurant? Reassigning an employee with a disability to a vacant position is a reasonable accom- modation and must be considered if you cannot accommodate an employee in his current job.

You must consider reassignment before concluding that you cannot provide any accommodation at all. If you operate restaurants in different locations and there are no vacancies in the facility where the employee works, you need to consider vacancies in other locations. Example 20: Remy works as a cashier and as a host escorting diners to their seats at one of his employer's three area restaurants. Because of a disabling degenerative disease, Remy can no longer perform the function of escorting diners to their seats. He now needs to sit while at work.

There are no vacancies at the restaurant where Remy currently works, but there is a vacant cashier position (for which he could sit) at one of the other restaurants. Remy is qualified as a cashier. The ADA requires that he be offered the position.

(But remember, if a seniority system is involved, you should refer to the special rules on seniority systems, described in EEOC's Guidance on Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act. You do not have to create a new position for the employee, and you may require that the employee have the required experience or training for the reassignment. Are there other types of reasonable accommodations that I should consider? There are many accommodations that enable people with disabilities to apply for jobs, be productive workers, and enjoy equal employment opportunities.