The Terms & Conditions which govern your use of Goliathjobs.com (including JobsOver50.com and any other sites within the GoliathJobs network) are stated below. Please read them carefully. They are legally binding on you. If you do not accept these Terms and Conditions do not use this web site and service. If you use this web site that will indicate you agreed to be bound by these Terms and Conditions. In doing so you agree to use the web site at your own risk. Goliathjobs may revise these Terms and Conditions at any time and will update this posting to keep you apprised, therefore you should visit this page periodically to review the Terms and Conditions. Any use of the web site will be considered acceptance by you of the then current Terms and Conditions.
The terms "You," and "User," refer to the person or entity accessing this web site for any reason. The term "Content" means all text, graphics, images, logos, button icons, information, and programming used on the web site.
Goliathjobs.com is a free web site for job seekers and schools. We charge a small fee for employers to use the site payable via credit card, pre-payment or net terms if approved. Credit card payments automatically renew every month until cancelled by the employer via the myJobs section. Payments cancelled prior to the period-ending date will no longer auto renew and the applicable jobs will only remain live until the end of the paid period. No prorations, refunds, voids or credits are given under any circumstance unless it is a user error within the first 24 hours of opening an account and no live jobs were posted.
Goliathjobs does offer certain fee-based services including but not limited to, advertising, banner ads, highlighted job postings, premium career services, recruiting management services, etc. Any change in our structure will be broadcasted to all users and will include a 60-day notice period. In addition, Goliathjobs reserves the right to increase any fee-based product and/or service after a 30-day notice period. We make no guarantees to any users or advertisers regardless of whether they have elected to use free or fee-based services. We prohibit employers on our site(s) that charge job seekers a fee, donation or subscription. We do our best to monitor the system for this type of activity and will remove any employer or recruiter that does not meet this requirement unless an exception was granted by an authorized member of GoliathJobs.
Certified Career Coach Directory & Program Disclaimer
JobsOver50.com and Boomer Authority™ Association make reasonable efforts to verify the credentials of all Certified Career Coaches. However, we make no guarantee, expressed or implied, of performance or results should you engage the services of a Certified Career Coach through our network. Like with any purchase of a product or service, we encourage consumer due diligence as well.
GoliathJobs/JobsOver50 Registration and Password
You agree that you are entirely responsible to maintain the confidentiality of your information and password and you are responsible for all uses of your registration, whether authorized or not. You will immediately notify Goliathjobs of any loss, theft, or unauthorized use of your registration or password.
When registering you agree to provided true, accurate, current and complete information and you agree to keep that information updated.
We may refuse to grant you a username or password that impersonates someone else, is or may be illegal, vulgar or otherwise offensive, or cause confusion as determined by us in our sole discretion.
Use of Web Site Content
Goliathjobs authorizes you to access on your personal computer and use a single copy of the content available on or from Goliathjobs.com (the "Web Site") solely for lawful personal, noncommercial use. Goliath is the sole interpreter of what is the intended and acceptable use of the Web Site.
The Content of the Goliathjobs.com Web Site, the Web Site itself and of all other web sites under Goliathjobs control are the sole property of Goliathjobs and are protected under both United States and foreign copyright, trademark and other laws. All Web Site Content is the property of Goliathjobs or its content suppliers or clients. The compilation of all content on this Web Site is the exclusive property of Goliathjobs and protected by U.S. and international copyright laws. Unauthorized use of the Web Site Content may violate copyright, trademark, and other laws. Except for the limited rights granted to you herein, all other rights, title and interest to the Web Site and its contents are reserved to Goliathjobs.
You agree that all copyright, trademark, service-mark and other proprietary notices contained in the original Web Site Content will appear on any copy you make of the Web Site Content for your personal use. You may not sell or modify the Web Site Content or reproduce, display, publicly perform, distribute, or otherwise use the Web Site Content in any way for any public or commercial purpose. This includes copying or adapting the HTML code that the Goliathjobs uses to generate any Web Site Content or the pages making up any Goliathjobs Site. The HTML code is also protected by the Goliathjobs copyrights. The use of the Web Site Content on any other web site or in a networked computer environment for any purpose is prohibited.
Goliathjobs and the Goliathjobs logo are service marks or trademarks of Goliathjobs. The look and feel of the Web Site is also a trademark and service mark of Goliathjobs and may not be used, beyond the limited uses licensed herein, without the consent of Goliathjobs.
Users may not use any Goliathjobs Web Site in order to transmit, distribute, store or destroy material, including Web Site Content, (a) in violation of laws or government regulations, (b) that will infringe copyrights, trademarks, trade secrets or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.
Users agree not to violate or attempt to violate the security of any Goliathjobs Site, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to any Goliathjobs Site, overloading, flooding, spamming, mailbombing or crashing, (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Goliathjobs will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
These above terms also apply to any internal messaging system that is provided as a convenient means for all users to communicate in lieu of using public e-mail.
Goliathjobs Sites may be used only for lawful purposes by employers seeking employees and individuals seeking employment and career information. Goliathjobs specifically prohibits any use, and you agree not to use, the Web Site, for:
Posting incomplete, false or inaccurate biographical information or information which is not your own accurate resume.
Posting any franchise, pyramid scheme, club membership, distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (unless the posting clearly describes the product or service that the potential employee would be selling), requires recruitment of other members, sub-distributors or sub-agents.
Using any device, software or routine to interfere or attempt to interfere with the proper working of any Goliathjobs Site or any activity being conducted on this site.
Deleting or revising any material posted by any other person or entity.
If you have a password allowing access to a non-public area of any Goliathjobs Site, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose.
Taking any action which imposes an unreasonable or disproportionately large load on any Goliathjobs' Sites infrastructure.
Expressing or implying that any data, or information you post is endorsed by Goliathjobs.
Using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars, search/retrieval application, any manual or automatic devices to retrieve, index data mine, or other intelligent agents) to navigate or search any Goliathjobs Site other than the search engine and search agents available on such Goliathjobs Site and other than generally available third party web browsers.
Aggregating, harvesting, collecting, copying or duplicating in any manner any of the Web Site Content or information available from any Goliathjobs Site.
Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any Goliathjobs Site.
Framing or mirroring of or linking to any of the Web Site Content or information available from any Goliathjobs Site.
Posting any content from the Web Site to news lists or electronic bulletin boards.
These above terms also apply to the internal messaging system that is provided as a convenient means for all users to communicate in lieu of using public email. Public email (such as Yahoo, G-mail, Hotmail, MSN, etc) can burden users with spam as well as increase Goliathjobs risk of virus or other harmful mechanisms.
Termination of Account(s) - Inactivity and/or Suspicious Activity
Goliathjobs reserves the right to terminate account(s) at it sole discretion after certain periods of inactivity (and with reasonable warning to the user) and/or in the case of fraud, criminal activity and/or any other suspicious activity at the Company.
Termination Of Users Who Infringe Copyright and/or Other Intellectual Property Rights
Goliathjobs, Goliathjobs.com, and all of our affiliated companies respect the intellectual property of others, and we ask our users, account holders and content partners to do the same. The unauthorized reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners rights. As a condition to your use of this Web Site, you agree not to use the Web Site or any other Goliathjobs Site to infringe the intellectual property rights of others in any way. We will terminate the accounts of any account holders, and block access to our Web Site and/or the other Goliathjobs Sites of any users, who are repeat infringers of the copyrights, or other intellectual property rights, of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the account holder who is terminated or to the user whose access is blocked.
Information & Submissions
You are responsible for all communications within the Goliathjobs Web site using your registration and password and are responsible for the consequences of their posting (regardless of whether or not you are the individual who made the communication). You must not, and by using any Goliathjobs Site you agree not to, do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post a sexually-explicit image or statement; post advertisements or solicitations of business, post chain letters or pyramid schemes; impersonate another person; or post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
Goliathjobs does not endorse or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. Any reliance on material posted by other users will be at your own risk.
Goliathjobs acts as a passive conduit for the online distribution and publication of user-submitted information, has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communications which allegedly do not conform to these Terms and Conditions, Goliathjobs may in good faith and its sole discretion investigate the allegation and determine whether to remove or request the removal of the communication. Goliathjobs has no liability or responsibility to users for performance or nonperformance of such activities. Goliathjobs reserves the right to expel users and prevent their further access to the Web Site for violating the Terms and Conditions or the law and the right to remove communications which are abusive, illegal, or disruptive. Goliathjobs may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for Goliathjobs or may cause Goliathjobs to lose (in whole or in part) the services of its ISPs or other suppliers.
Any hyperlinks contained in a job posting submitted by Customer will be disabled when such job posting is posted on a Goliathjobs Site.
By submitting content to any public or non-public area of any Goliathjobs Site, including message boards, forums, contests and chat rooms, you grant Goliathjobs and its affiliates the loyalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Web Site retains any and all rights that may exist in such content.
Goliathjobs policy does not permit us to accept or consider creative suggestions, inventions or materials other than those which we have specifically requested. While we value your feedback on our services, please be specific in your comments regarding our services and do not submit creative inventions, suggestions, or materials. If, despite our request, you send us creative suggestions, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of Goliathjobs. None of the Submission shall be subject to any obligation of confidence on our part, even if it is marked Confidential, and we shall not be liable for any use or disclosure of any Submission. Goliathjobs shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person who submitted the Submission.
Identification Of Agent
If you believe that your copyrighted work has been uploaded, posted or copied to this Web Site and is accessible on this Web Site in a way that constitutes copyright infringement, please notify us by providing us with the following information:
The physical or electronic signature of either the copyright owner or of a person authorized to act on the owners behalf. A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing. Identification of the URL or other specific location on this web site where the material or activity you claim to be infringing is located or is occurring; you must include enough information to allow us to locate the material or the activity. Your name, address, telephone number and your e-mail address. A statement by you that you have a good faith belief that use on the web site of the copyrighted work in the manner you are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law. A statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are either the copyright owner or are authorized to act on behalf of the copyright owner. We have designated a copyright agent to receive notices of claims of copyright infringement on our web site. You can contact the agent as follows:
By US mail: 967 Alternate A1A, Suite #3 Jupiter, FL 33477 Attn: Jonathan Sachs
By e-mail: info @ goliathjobs.com
Goliathjobs.com is only a venue for employers to post job opportunities and candidates to post resumes. Goliathjobs attempts to screen resumes for certain accuracies via a verification system implemented in conjunction with a school. This system is not guaranteed and the information verified is only as accurate as the schools can provide. Goliathjobs does not guarantee the accuracy of the information or the performance of the school in the verification process and is not liable for information obtained (or not obtained) by/from the school. Goliathjobs has no control over the quality, safety or legality of the jobs or resumes posted or the ability of candidates to fill job openings.
Goliathjobs attempts to screen employers via an internal verification system created to assist in the protection of candidates from fraudulent/criminal activity. This system is not 100% accurate and no guarantee or warranty, express or implied, is provided. Certain data provided by the employers is screened by Goliathjobs and third party organizations/business partners. Goliathjobs is not liable for the information obtained nor is Goliathjobs liable for the third party organizations/business partners and/or the information/results they provide.
Goliathjobs also has job feeds to and from various organizations including but not limited to job boards. When a job seeker applies for a job from an inbound feed, they are leaving our site and accessing information on a different site unrelated to Goliathjobs (i.e. Career Builder). Goliathjobs is not liable for any activity, communications, employment, fees or anything else on these 3rd party sites. Job seekers that come to our site from an outbound feed (i.e. Simply Hired), are subject to the terms & conditions of Goliathjobs as spelt out in this section.
Goliathjobs is not involved in the actual transaction between employers and candidates. As a result, it has no control over the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings. You assume all risks (including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses) associated with dealing with other users with whom you come in contact through the Web Site and/or the other Goliathjobs Sites.
User authentication on the Internet is difficult, and thus Goliathjobs cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on any Goliathjobs Site, in the event that you have a dispute with one or more users, you release the Company (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code d1542, which says: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.
Goliathjobs is under no legal obligation to, and generally does not, control the information provided by other users which is made available through the Web Site and/or the other Goliathjobs Sites. By its very nature, other peoples information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled.
You agree that you will use caution and common sense when using this Web Site and/or the other Goliathjobs Sites.
If you access Goliathjobs from outside the United States you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The Web Site Content may contain inaccuracies or typographical errors. Goliathjobs makes no representations about the accuracy, reliability, completeness, or timeliness of any Goliathjobs Site or the Web Site Content. The use of Goliathjobs Sites and the Web Site Content is at your own risk.
You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume or material contained therein placed by you on the Goliathjobs Sites. Employers are solely responsible for their postings on Goliathjobs Sites.
Goliathjobs is not to be considered to be an employer with respect to your use of any Goliathjobs Site and it shall not be responsible for any employment decisions, for whatever reason made, made by any entity posting jobs on any Goliathjobs Site.
Goliathjobs makes no representation or guarantees regarding the effectiveness of the Web Site in meeting your employment objectives and does not guarantee that resume or other information posted on the Web Site will result in you being hired or a position being filled.
Goliathjobs provides its Web Site on an "As Is" basis without Express or Implied Warranties of any kind and specifically does not warrant that any Goliathjobs site will operate error-free or that any Goliathjobs site and its server are free of computer viruses or other harmful mechanisms. The company, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement. The company makes no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software, text, graphics, and links. If your use of any Goliathjobs site or the material results in the need for servicing or replacing equipment or data, the company is not responsible for those costs.
In no event shall Goliathjobs, its suppliers, or any third parties mentioned on any Goliathjobs site be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use any Goliathjobs site and the material, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages.
The Web Site and certain other Goliathjobs Sites contain links to third party web sites. You agree and acknowledge that these links are provided solely as a convenience to you and not as an endorsement by Goliathjobs of the contents on such third-party Web sites. Goliathjobs is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If you decide to access linked third party Web sites, you do so at your own risk.
Links Supplied by Employers Registered on GoliathJobs
GoliathJobs permits employers to disclose their own website address within a job description provided that the link does not navigate the user to a 3rd-party site. Links supplied by employers can only be the following: employer home page, employer job application portal or email address of the employer. If the candidate ignores the employer link and applies for the applicable job via the "Apply" feature on GoliathJobs, the employer must accept this form of application and not force the candidate to also apply via the employer's own job portal. Exceptions to this must be approved by GoliathJobs and can be directed to info @ goliathjobs.com.
Unauthorized Commercial Use and Resale
Limit of Liability
The aggregate liability for Goliathjobs to you for all claims arising from the use of the Materials or any Goliathjobs Site is limited to $10.
Termination & Indemnification
Goliathjobs reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your postings from this Web Site and the other Goliathjobs Sites and immediate termination of your registration with or ability to access this Web Site and the other Goliathjobs Sites and/or any other service provided to you by Goliathjobs, upon any breach by you of these Terms and Conditions or if the Company is unable to verify or authenticate any information you submit to the Web Site or other Goliathjobs Site registration.
You agree to defend, indemnify, and hold harmless Goliathjobs, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Web Site or your breach of the terms of these Terms and Conditions. Goliathjobs shall use reasonable efforts to provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
International Access and State Law
Attention Employers: To use GoliathJobs.com, or any other GoliathJobs service, you must read, understand and agree to the following published by The U.S. Equal Employment Opportunity Commission
Under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA), it is illegal to discriminate in any aspect of employment, including:
hiring and firing; compensation, assignment, or of employees; transfer, promotion, layoff, or recall; job advertisements; recruitment; testing; use of company facilities; training and apprenticeship programs; fringe benefits; pay, retirement plans, and disability leave; or other terms and conditions of employment. Discriminatory practices under these laws also include:
harassment on the basis of race, color, religion, sex, national origin, disability, or age; retaliation against an individual for filing a charge of discrimination, participating in an investigation, or opposing discriminatory practices; employment decisions based on stereotypes or assumptions about the abilities, traits, or performance of individuals of a certain sex, race, age, religion, or ethnic group, or individuals with disabilities; and denying employment opportunities to a person because of marriage to, or association with, an individual of a particular race, religion, national origin, or an individual with a disability. Title VII also prohibits discrimination because of participation in schools or places of worship associated with a particular racial, ethnic, or religious group. Employers are required to post notices to all employees advising them of their rights under the laws EEOC enforces and their right to be free from retaliation. Such notices must be accessible, as needed, to persons with visual or other disabilities that affect reading.
Note: Many states and municipalities also have enacted protections against discrimination and harassment based on sexual orientation, status as a parent, marital status and political affiliation. For information, please contact the EEOC District Office nearest you.
Other Discriminatory Practices Under Federal EEO Laws
Title VII prohibits not only intentional discrimination, but also practices that have the effect of discriminating against individuals because of their race, color, national origin, religion, or sex.
National Origin Discrimination
It is illegal to discriminate against an individual because of birthplace, ancestry, culture, or linguistic characteristics common to a specific ethnic group. A rule requiring that employees speak only English on the job may violate Title VII unless an employer shows that the requirement is necessary for conducting business. If the employer believes such a rule is necessary, employees must be informed when English is required and the consequences for violating the rule. The Immigration Reform and Control Act (IRCA) of 1986 requires employers to assure that employees hired are legally authorized to work in the U.S. However, an employer who requests employment verification only for individuals of a particular national origin, or individuals who appear to be or sound foreign, may violate both Title VII and IRCA; verification must be obtained from all applicants and employees. Employers who impose citizenship requirements or give preferences to U.S. citizens in hiring or employment opportunities also may violate IRCA.
Additional information about IRCA may be obtained from the Office of Special Counsel for Immigration-Related Unfair Employment Practices at 1-800-255-7688 (voice), 1-800-237-2515 (TTY for employees/applicants) or 1-800-362-2735 (TTY for employers) or at http://www.usdoj.gov/crt/osc.
An employer is required to reasonably accommodate the religious belief of an employee or prospective employee, unless doing so would impose an undue hardship.
Title VII's broad prohibitions against sex discrimination specifically cover:
Sexual Harassment - This includes practices ranging from direct requests for sexual favors to workplace conditions that create a hostile environment for persons of either gender, including same sex harassment. (The "hostile environment" standard also applies to harassment on the bases of race, color, national origin, religion, age, and disability.) Pregnancy Based Discrimination - Pregnancy, childbirth, and related medical conditions must be treated in the same way as other temporary illnesses or conditions. Additional rights are available to parents and others under the Family and Medical Leave Act (FMLA), which is enforced by the U.S. Department of Labor. For information on the FMLA, or to file an FMLA complaint, individuals should contact the nearest office of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor. The Wage and Hour Division is listed in most telephone directories under U.S. Government, Department of Labor or at http://www.dol.gov/esa/whd_org.htm.
Age Discrimination in Employment Act
The ADEA's broad ban against age discrimination also specifically prohibits: statements or specifications in job notices or advertisements of age preference and limitations. An age limit may only be specified in the rare circumstance where age has been proven to be a bona fide occupational qualification (BFOQ); discrimination on the basis of age by apprenticeship programs, including joint labor-management apprenticeship programs; and denial of benefits to older employees. An employer may reduce benefits based on age only if the cost of providing the reduced benefits to older workers is the same as the cost of providing benefits to younger workers.
Equal Pay Act
The Equal Pay Act (EPA) prohibits discrimination on the basis of sex in the payment of wages or benefits, where men and women perform work of similar skill, effort, and responsibility for the same employer under similar working conditions.
Employers may not reduce wages of either sex to equalize pay between men and women. A violation of the EPA may occur where a different wage was/is paid to a person who worked in the same job before or after an employee of the opposite sex. A violation may also occur where a labor union causes the employer to violate the law.
Titles I and V of the Americans with Disabilities Act
The ADA prohibits discrimination on the basis of disability in all employment practices. It is necessary to understand several important ADA definitions to know who is protected by the law and what constitutes illegal discrimination:
Individual with a Disability
An individual with a disability under the ADA is a person who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment. Major life activities are activities that an average person can perform with little or no difficulty such as walking, breathing, seeing, hearing, speaking, learning, and working.
Qualified Individual with a Disability
A qualified employee or applicant with a disability is someone who satisfies skill, experience, education, and other job-related requirements of the position held or desired, and who, with or without reasonable accommodation, can perform the essential functions of that position.
Reasonable accommodation may include, but is not limited to, making existing facilities used by employees readily accessible to and usable by persons with disabilities; job restructuring; modification of work schedules; providing additional unpaid leave; reassignment to a vacant position; acquiring or modifying equipment or devices; adjusting or modifying examinations, training materials, or policies; and providing qualified readers or interpreters. Reasonable accommodation may be necessary to apply for a job, to perform job functions, or to enjoy the benefits and privileges of employment that are enjoyed by people without disabilities. An employer is not required to lower production standards to make an accommodation. An employer generally is not obligated to provide personal use items such as eyeglasses or hearing aids.
An employer is required to make a reasonable accommodation to a qualified individual with a disability unless doing so would impose an undue hardship on the operation of the employer's business. Undue hardship means an action that requires significant difficulty or expense when considered in relation to factors such as a business' size, financial resources, and the nature and structure of its operation. Prohibited Inquiries and Examinations Before making an offer of employment, an employer may not ask job applicants about the existence, nature, or severity of a disability. Applicants may be asked about their ability to perform job functions. A job offer may be conditioned on the results of a medical examination, but only if the examination is required for all entering employees in the same job category. Medical examinations of employees must be job-related and consistent with business necessity.
Drug and Alcohol Use
Employees and applicants currently engaging in the illegal use of drugs are not protected by the ADA when an employer acts on the basis of such use. Tests for illegal use of drugs are not considered medical examinations and, therefore, are not subject to the ADA's restrictions on medical examinations. Employers may hold individuals who are illegally using drugs and individuals with alcoholism to the same standards of performance as other employees.
The Civil Rights Act of 1991
The Civil Rights Act of 1991 made major changes in the federal laws against employment discrimination enforced by EEOC. Enacted in part to reverse several Supreme Court decisions that limited the rights of persons protected by these laws, the Act also provides additional protections. The Act authorizes compensatory and punitive damages in cases of intentional discrimination, and provides for obtaining attorneys' fees and the possibility of jury trials. It also directs the EEOC to expand its technical assistance and outreach activities. If you have any questions on these Terms & Conditions, or would like to request an exception, please contact Jonathan Sachs at info @ goliathjobs.com.
Update effective September, 2009