Americans With Disabilities Act (ADA)
The Americans with Disabilities Act prohibits discrimination against qualified individuals with a disability who are able to perform the essential functions of the job with or without reasonable accommodation. Employers are required to make reasonable accommodations that would allow qualified disabled individuals to perform their jobs, unless doing so would cause undue hardship.
Under the ADA, a disabled person is someone who has: (1) a physical or mental impairment that substantially limits one or more major life activities; (2) a record of physical or mental impairment that substantially limits one or more major life activities; or (3) is regarded as having a physical or mental impairment that substantially limits one or more major life activities. Some major life activities include: caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, and learning.
Practical Tips and FAQs
1. As part of the onboarding process, can I require an applicant to submit to a medical examination or respond to verbal or written inquiries regarding health, disability, mental or physical limitations, etc.?
No.
2. What if the applicant voluntarily discloses a disability and requests an accommodation?
You may then discuss with the applicant what reasonable accommodation might be needed.
3. Suppose I explain the functions of a particular assignment to a potentially disabled applicant. Can I then ask whether he/she will be able to perform the job?
Provided that you have explained the essential functions of the assignment, you may then ask the applicant whether he/she can perform the essential functions of the job with or without a reasonable accommodation.
4. What is “reasonable accommodation”?
Reasonable accommodation is any change to the work environment or in the manner that work is usually performed to ensure equal employment opportunity for qualified individuals with disabilities. Some examples of reasonable accommodation include: (1) making facilities readily accessible to and usable by individuals with disabilities, (2) job restructuring, (3) acquiring or modifying equipment or devices, (4) providing qualified readers or interpreters, etc.
5. What kind of reasonable accommodations might be required for the testing of disabled applicants?
The following are examples of reasonable accommodation that may be required in the testing of applicants with disabilities:
a) Substituting a written test for an oral test (or written instructions for oral instructions) for people with impaired speaking or hearing skills.
b) Administering a test in large print, in Braille, by a reader or on a computer for people with visual or other reading disabilities.
c) Allowing people with visual or learning disabilities or who have limited use of their hands to record test answers by tape recorder, dictation or computer.
d) Providing extra time to complete a test for people with certain learning disabilities or impaired writing skills.
6. Do we have to provide every accommodation requested by a disabled employee?
Employers are not required to make accommodations that are unreasonable or that impose an undue hardship.
7. Isn’t it true that an applicant with a physical or mental impairment may in time become unable to perform the job or may be more likely to suffer an injury?
Not necessarily, and you should not assume so. You must assess the applicant’s qualifications and determine what, if any, reasonable accommodations may be required. Then you must assign the applicant to any available position for which the applicant can perform the essential functions of the assignment.
8. Is there an additional source that I can call for expert advice on accommodating persons with disabilities in the workplace?
Yes, the Job Accommodation Network (JAN) offers free consultation regarding the accommodation of individuals with disabilities in the workplace. JAN’s website address is: http://www.jan.wvu.edu/. JAN’s toll free number is 1-800-JAN-7234.
