Accomodating light sensitive employee

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From January 26, 1992, when title II went into effect, until July 26, 1992, when title I went into effect, public entities were subject to the section 504 standards.prohibits discrimination in all employment practices, including job application procedures, hiring, firing, advancement, compensation, training, and other terms, conditions, and privileges of employment.

The third part of the definition protects individuals who are regarded and treated as though they have a substantially limiting disability, even though they may not have such an impairment.

In general, a larger employer would be expected to make accommodations requiring greater effort or expense than would be required of a smaller employer. An employer may be required to modify facilities to enable an individual to perform essential job functions and to have equal opportunity to participate in other employment-related activities.

For example, if an employee lounge is located in a place inaccessible to a person using a wheelchair, the lounge might be modified or relocated, or comparable facilities might be provided in a location that would enable the individual to take a break with co-workers. An employer may not make a pre-employment inquiry on an application form or in an interview as to whether, or to what extent, an individual is disabled.

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.

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