Within the past few months, the EEOC issued guidance entitled "The Americans with Disabilities Act: Applying Performance and Conduct Standards to Employees with Disabilities." Recently, the EEOC updated the guidance to conform to the Americans with Disabilities Act Amendments Act of 2008.
The guidance makes clear that employees with disabilities must meet job-related qualifications standards that are consistent with business necessity, and must be able to perform the essential functions of the position, with or without reasonable accommodation.
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