I’m sure you are aware that as an employer, you can’t discriminate in regards to your employees. 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. But did you know the ADA also requires employers to reasonably accommodate disabled applicants?
The ADA defines an individual with a disability as a person who
- Has a physical or mental impairment that substantially limits a major life activity
- Has a record or history of a substantially limiting impairment, or
- 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 wise to ask the applicant if they will need any type of accommodation prior to time they are to take the exam. 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, ask the applicant what type of accommodation would allow them to complete the application process. To avoid the appearance of discrimination, do not ask about the specific disability or make interview notes about the applicant’s disability and/or their need for an accommodation.
Knowing the law and following its guidelines will prevent you from being subject to a claim of discrimination.