Beginning July 26, 1992, if the public entity is covered by title I, then title I standards will apply.
The employer may ask a job applicant whether he or she can perform particular job functions.
If the applicant has a disability known to the employer, the employer may ask how he or she can perform job functions that the employer considers difficult or impossible to perform because of the disability, and whether an accommodation would be needed.
Accommodations must be made on an individual basis, because the nature and extent of a disabling condition and the requirements of the job will vary in each case.
If the individual does not request an accommodation, the employer is not obligated to provide one.
The decision as to the appropriate accommodation must be based on the particular facts of each case. An employer is required to accommodate only a "known" disability of a qualified applicant or employee.
In selecting the particular type of reasonable accommodation to provide, the principal test is that of effectiveness, i.e., whether the accommodation will enable the person with a disability to do the job in question. The requirement generally will be triggered by a request from an individual with a disability, who frequently can suggest an appropriate accommodation.
In addition, the employment practices of State and local governments of any size are covered by title II of the , which goes into effect on January 26, 1992.
The standards to be used under title II for determining whether employment discrimination has occurred depend on whether the public entity at issue is also covered by title I.
The first part of the definition makes clear that the applies to persons who have substantial, as distinct from minor, impairments, and that these must be impairments that limit major life activities such as seeing, hearing, speaking, walking, breathing, performing manual tasks, learning, caring for oneself, and working.
An individual with epilepsy, paralysis, a substantial hearing or visual impairment, mental retardation, or a learning disability would be covered, but an individual with a minor, nonchronic condition of short duration, such as a sprain, infection, or broken limb, generally would not be covered.
If a disabled person requests, but cannot suggest, an appropriate accommodation, the employer and the individual should work together to identify one.