Wednesday, February 4, 2015

Does the ADA apply to applicants?

Yes, yes it does.

In the case of disabled job candidates, your accommodation obligations under the Americans with Disabilities Act (ADA) certainly apply.  As an initial matter, you may have to accommodate a disabled person in the application process, for example, by making your facilities accessible or providing extra time to take a test.  Second, you may have to offer an accommodation that would allow the applicant to perform the essential functions of the job.

You can show your commitment to complying with the ADA by taking a few simple steps to make your workplace accessible and friendly to the disabled.  This approach makes good business sense and can protect you against liability for disability discrimination.

PRACTICE TIP:  Even if unsure as to whether an applicant and/or employee has a qualifying disability, engage in the interactive process.  The employer and employee work together to identify opportunities and arrive at a reasonable accommodation, if possible. 

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