complying with section 503 and the ada in the application/interview stage
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Complying with Section 503 and the ADA in the Application/Interview Stage Linda Carter Batiste, J.D., Principal Consultant Beth Loy, Ph.D., Principal Consultant. Application/Interview Stage. Legal: Rehabilitation Act & ADA Section 503 Regulations and Title I. Application/Interview Stage. - PowerPoint PPT PresentationTRANSCRIPT
JAN is a service of the U.S. Department of Labor’s Office of Disability Employment Policy.
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Complying with Section 503 and the ADA in the Application/Interview Stage
Linda Carter Batiste, J.D., Principal ConsultantBeth Loy, Ph.D., Principal Consultant
Legal: Rehabilitation Act & ADA Section 503 Regulations and Title I
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Application/Interview Stage
Legal: Rehabilitation Act Section 503
Applies to Federal Contractors Same as the ADA Plus Affirmative Action
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Application/Interview Stage
Legal: Rehabilitation Act Section 503
Self-Identification Recruiting Posting Notices Qualification Standards Reasonable Accommodation
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Application/Interview Stage
503
Legal: Rehabilitation Act Section 503 Versus the ADA
Other Federal Laws Affirmative Action Laws that Offer Greater Rights
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Application/Interview Stage
Job Application/Interview Stage
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Application/Interview Stage
Rehabilitation Act & ADA: Big Picture
Don’t Discriminate Do Accommodate
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Application/Interview Stage
Rehabilitation Act & ADA: Big Picture
Don’t Discriminate: Job applications and interviews
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Application/Interview Stage
Job Descriptions: Focus on what is to be accomplished
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Application/Interview Stage
Application/Interview Stage
Example: Driving
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Application/Interview Stage
Example: Driving• Is the person being hired to drive?• Does every social worker have to drive?
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TipsHave Accurate Job Descriptions Know What an Essential Function Is Focus on the Work to Be Accomplished
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Application/Interview Stage
Resources for Recruiting Employer Assistance and Resource Network
(EARN) Workforce Recruitment Program (WRP) Vocational Rehabilitation (VR)
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Application/Interview Stage
Keep Your Eye on the Ball: Focus on qualifications and skills
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Application/Interview Stage
Example: Wheelchair User
Application/Interview Stage
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Example:Purpose of Job Interview
= Gathering Information About Qualifications and Skills
Application/Interview Stage
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Tips Stick to what you need to know Treat all applicants the same whenever possible Get what you need to determine whether an
applicant is qualified
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Application/Interview Stage
Medical Inquires and Exams: Almost always prohibited at application stage
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Application/Interview Stage
Trap Asking inadvertent illegal medical questions
Medical Inquiry = Likely To Elicit Information About a Disability
Application/Interview Stage
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Example: Substance Abuse & Addiction Counselor
Application/Interview Stage
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Example: Asking about addiction is a medical inquiry Not allowed at the pre-offer stage
Application/Interview Stage
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Tips Know what a medical inquiry is Wait until post-offer when possible
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Application/Interview Stage
Trap Applicant has a visible disability
Application/Interview Stage
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Example: Wheelchair User
Application/Interview Stage
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Example: Emergency evacuation is not a qualification standard No other applicants were asked
Application/Interview Stage
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Tips Stick to what you need to know Treat all applicants the same whenever possible Get what you need to determine whether an
applicant is qualified
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Application/Interview Stage
Trap Applicant discloses during interview
Application/Interview Stage
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Example: Multiple Sclerosis
Application/Interview Stage
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Example: No Reasonable Belief = Speculating About The Future
Application/Interview Stage
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Tips Stick to what you need to know Treat all applicants the same whenever possible Get what you need to determine whether an
applicant is qualified
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Application/Interview Stage
Rehabilitation Act & ADA: Big Picture
Do Accommodate: Applicants and employees
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Application/Interview Stage
Trap Applicant asks for an accommodation for the
interview, during the interview
Application/Interview Stage
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Example: Learning Disability
Application/Interview Stage
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Example: Employers can request medical documentation when
an applicant asks for an accommodation Employer did not give adequate notice
Application/Interview Stage
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Tips Include on job announcements and advertisements:
Information about the job, EEO statement, invitation for applicants to request accommodations, overview of what the interview will include
Train hiring personnel
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Application/Interview Stage
Trap Not recognizing an accommodation request What is a reasonable accommodation request? An applicant or employee asks for something that is
needed because of a medical condition.
Application/Interview Stage
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Example:A job applicant discloses she has epilepsy during her job interview.
Is this an accommodation request?
Application/Interview Stage
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Example:Probably not. No indication she needs an accommodation Reasonable belief
Application/Interview Stage
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Tips “Is there anything you need to participate in the
interview?”
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Application/Interview Stage
Trap: Not getting enough informationMedical documentation: Applicant/employee has a disability Applicant/employee needs an accommodation Limitations, work-related problem, accommodation
ideas
Application/Interview Stage
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Example:A deaf applicant for a forklift driver position asks for an interpreter for the job interview.
Should you ask him for medical documentation related to his ability to safely drive a forklift?
Application/Interview Stage
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Example:
No. Employer can ask about ability to perform the job Employer must wait until post-offer to request medical
documentation related to on the job
Application/Interview Stage
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TipsFocus on the interview Limit medical documentation Worry about on-the-job accommodations later
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Application/Interview Stage
Reasonable Accommodation Related to Online Application Systems
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Application/Interview Stage
Contact (800)526-7234 (V) & (877)781-9403 (TTY) AskJAN.org & [email protected] (304)216-8189 via Text janconsultants via Skype
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Application/Interview Stage