Section 201 of the Congressional Accountability
Act (CAA) provides protection against discrimination in all personnel
actions of qualified
individuals with disabilities. Personnel actions include hiring,
discharge, promotion, pay, benefits, reassignment, and other actions
affecting the terms, conditions, and privileges of employment.
The CAA also prohibits other kinds
of discrimination, including using standards or criteria that
have the effect of discrimination on the basis of disability; using
qualification standards or other selection criteria that tend to
screen out an individual with a disability; or denying equal jobs
or benefits to a qualified individual because the individual is
known to have a relationship or association with an individual with
a known disability.
An employing office is required to make a reasonable
accommodation to the known physical or mental limitations of
an otherwise qualified employee or applicant with a disability.
The exception to this requirement is if the employing office can
demonstrate that the accommodation would impose an undue
hardship on the functioning of the office.
An employing office is only required to accommodate
a known physical
or mental limitation of an otherwise qualified applicant or
employee. Before a job offer is made, employing offices may not
ask job applicants about the existence,
nature, or severity of a disability. It is legal to condition
a job offer on the
results of a medical examination conducted after the job offer
is made, but only if the examination is required for all entering
employees.
Covered employees and applicants currently engaging
in the illegal use of
drugs are not protected. An alcoholic may be considered an individual
with a disability and protected by law, but can still be held to
the same performance standards as other employees.
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