complying with section 503 and the ada in the application/interview stage

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 Consultant

Beth 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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Legal: Rehabilitation Act Section 503

Self-Identification Recruiting Posting Notices Qualification Standards Reasonable Accommodation

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503

Legal: Rehabilitation Act Section 503 Versus the ADA

Other Federal Laws Affirmative Action Laws that Offer Greater Rights

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Job Application/Interview Stage

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Rehabilitation Act & ADA: Big Picture

Don’t Discriminate Do Accommodate

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Don’t Discriminate: Job applications and interviews

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http://www.google.com/url?sa=i&rct=j&q=3D+balance&source=images&cd=&cad=rja&docid=vX2VKW41d-IwgM&tbnid=1yhRRvm72rqkbM:&ved=0CAUQjRw&url=http://www.business2community.com/marketing/how-to-find-the-balance-between-product-centric-and-customer-centric-marketing-0394970&ei=W20TUvv2Mcjk4AOkmIGwBA&bvm=bv.50952593,d.dmg&psig=AFQjCNHzEwklLW1Dp23lD4tBY5LPv-RZ-g&ust=1377091257342111

Job Descriptions:

Focus on what is to be accomplished

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Example: Driving

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Example: Driving• Is the person being hired to drive?• Does every social worker have to drive?

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Tips

Have Accurate Job Descriptions Know What an Essential Function Is Focus on the Work to Be Accomplished

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Resources for Recruiting Employer Assistance and Resource Network

(EARN) Workforce Recruitment Program (WRP) Vocational Rehabilitation (VR)

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Keep Your Eye on the Ball:

Focus on qualifications and skills

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Example: Wheelchair User


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Example:

Purpose of Job Interview

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Gathering Information About Qualifications and Skills


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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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Medical Inquires and Exams:

Almost always prohibited at application stage

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Trap Asking inadvertent illegal medical questions

Medical Inquiry = Likely To Elicit Information About a Disability


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Example: Substance Abuse & Addiction Counselor


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Example: Asking about addiction is a medical inquiry Not allowed at the pre-offer stage


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Tips Know what a medical inquiry is Wait until post-offer when possible

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Trap Applicant has a visible disability


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Example: Wheelchair User


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Example: Emergency evacuation is not a qualification standard No other applicants were asked


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Trap Applicant discloses during interview


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Example: Multiple Sclerosis


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Example: No Reasonable Belief = Speculating About The Future


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Do Accommodate: Applicants and employees

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http://www.google.com/url?sa=i&rct=j&q=3D+balance&source=images&cd=&cad=rja&docid=vX2VKW41d-IwgM&tbnid=1yhRRvm72rqkbM:&ved=0CAUQjRw&url=http://www.business2community.com/marketing/how-to-find-the-balance-between-product-centric-and-customer-centric-marketing-0394970&ei=W20TUvv2Mcjk4AOkmIGwBA&bvm=bv.50952593,d.dmg&psig=AFQjCNHzEwklLW1Dp23lD4tBY5LPv-RZ-g&ust=1377091257342111

Trap Applicant asks for an accommodation for the

interview, during the interview


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Example: Learning Disability


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Example: Employers can request medical documentation when

an applicant asks for an accommodation Employer did not give adequate notice


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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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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.


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Example:

A job applicant discloses she has epilepsy during her job interview.

Is this an accommodation request?


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Example:

Probably not. No indication she needs an accommodation Reasonable belief


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Tips “Is there anything you need to participate in the

interview?”

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Trap: Not getting enough information

Medical documentation: Applicant/employee has a disability Applicant/employee needs an accommodation Limitations, work-related problem, accommodation

ideas


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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?


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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


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Tips

Focus on the interview Limit medical documentation Worry about on-the-job accommodations later

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Reasonable Accommodation Related

to Online Application Systems

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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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complying with section 503 and the ada in the application/interview stage

Documents

job applicationinterview

rehabilitation actsection

rehabilitation act adasection

job applications

medical inquirynot

medical inquiry iswait

purpose of job interview

big picture dont