The Americans with Disabilities Act (ADA) is federal legislation that was enacted to protect the rights of those with disabilities and prevent discrimination in the workplace. The ADA also requires employers to reasonably accommodate both disabled employees and applicants. Most states have similar anti-discrimination statutes in place.
The ADA defines an individual with a disability as a person who: (1) has a physical or mental impairment that substantially limits a major life activity, (2) has a record or history of a substantially limiting impairment, or (3) is regarded as having a substantially limiting impairment. An applicant with a disability must be able to perform the “essential functions” of the job either on their own or with the help of a “reasonable accommodation”.
Reasonable accommodation can take many forms. Typical accommodations provided during the hiring process include (but are not limited to):
- Providing written materials in accessible formats, such as large print, Braille, or audiotape
- Providing readers or sign language interpreters
- Ensuring that recruitment, interviews, tests, and other components of the application process are held in accessible locations
- Providing or modifying equipment or devices
- Adjusting or modifying application policies and procedures
If your hiring process involves any type of testing, it is always prudent to ask the applicant prior to the scheduled testing, if they will need any type of accommodation. This will allow you to prepare ahead of time, making the situation easier for you and the applicant. If you are truly “surprised” by the need for an accommodation, you can ask the applicant what type of accommodation would allow them to complete the application process. Do not ask the applicant anything about the specific disability. Do not make interview notes about the applicant’s disability and/or their need for an accommodation. You do not want to create the appearance of discrimination in the decision process.
Knowing the law and following its guidelines will prevent you from being subject to a claim of discrimination.
This information was provided by HR Pilot created by Houston Casualty Company, U.S. Specialty Insurance Company and Avemco Insurance Company.
