According to the ADA, an employer must provide a reasonable accommodation for the known limitations of a qualified applicant or employee with a disability, unless the employer can show that the accommodation would impose an undue hardship on the business, or no accommodation exists that would eliminate a direct threat that the limitation poses to the health or safety of the person or others.
- Making existing facilities readily accessible to and usable by persons with disabilities
- Job restructuring, modifying work schedules, or reassignment to a vacant position
- Acquiring or modifying equipment or devices, adjusting or modifying examinations, training materials, or policies, and providing qualified readers/ interpreters
- A "Qualified Individual" is a person who satisfies the requisite skills, experience, education, and other job-related requirements of the position and who can perform the essential functions of the position, with or without reasonable accommodation.
- A person is “substantially” limited in performing a major life activity if they are unable to perform the activity; or they are significantly restricted in the condition, manner or duration that they can perform one or more major life activity as compared to the average person in the population.
- “Disability” is established under the ADA:
- Case by case
- There is no “list” of disabilities
- A determination of a disability cannot be made based upon the diagnosis of the condition or the type of impairment
- The determination that a disability exists is based upon the affect it has on the life of the individual
- It is not based other definitions of disability such as the VA or Social Security definitions
What you can NOT ask applicants
Employers may not ask job applicants about the existence, nature, or severity of a disability, directly or indirectly.
Employers may ask about applicant's ability to perform specific job functions and how they would complete a task. Example: you may state the physical requirements of a job (lift a certain amount of weight, or climb ladders), and ask if applicant can satisfy these requirements.
Employers may ask about an applicant's non-medical qualifications and skills, such as the applicant's education, work history, and required certifications/licenses.
Employers may ask applicants to describe or demonstrate how they would perform job tasks.
A job offer may be conditioned on the results of a medical examination, if the examination is required for all entering employees in similar jobs.
Medical examinations are job related and consistent with the employer's business needs.
The Human Resource Office may decline to provide an accommodation if such accommodation is an "undue hardship" or "direct threat".
If an employee feels that an accommodation has been declined inappropriately, they have the right to file a complaint with the Affirmative Action Office. (507-389-2986)