Complying with Section 503 and the ADA in the Application/Interview Stage

1. 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

2. Application/Interview Stage • Legal: Rehabilitation Act & ADA • Section 503 Regulations and Title I

3. Application/Interview Stage • Legal: Rehabilitation Act • Section 503 • Applies to Federal Contractors • Same as the ADA • Plus Affirmative Action

4. Application/Interview Stage • Legal: Rehabilitation Act • Section 503 • Self-Identification • Recruiting • Posting Notices • Qualification Standards • Reasonable Accommodation 503

5. Application/Interview Stage • Legal: Rehabilitation Act • Section 503 Versus the ADA • Other Federal Laws • Affirmative Action • Laws that Offer Greater Rights

6. Application/Interview Stage • Job Application/Interview Stage

7. Application/Interview Stage • Do Accommodate • Rehabilitation Act & ADA: Big Picture • Don’t Discriminate

8. Application/Interview Stage • Rehabilitation Act & ADA: Big Picture • Don’t Discriminate: Job applications and interviews

9. Application/Interview Stage • Job Descriptions: • Focus on what is to be accomplished

10. Application/Interview Stage • Example: Driving

11. Application/Interview Stage • Example: Driving • Is the person being hired to drive? • Does every social worker have to drive?

12. Application/Interview Stage • Tips • Have Accurate Job Descriptions • Know What an Essential Function Is • Focus on the Work to Be Accomplished

13. Application/Interview Stage • Resources for Recruiting • Employer Assistance and Resource Network (EARN) • Workforce Recruitment Program (WRP) • Vocational Rehabilitation (VR)

14. Application/Interview Stage • Keep Your Eye on the Ball: • Focus on qualifications and skills

15. Application/Interview Stage • Example: Wheelchair User

16. Application/Interview Stage • Example: • Purpose of Job Interview • = • Gathering Information About Qualifications and Skills

17. Application/Interview Stage • 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

18. Application/Interview Stage • Medical Inquires and Exams: • Almost always prohibited at application stage

19. Application/Interview Stage • Trap • Asking inadvertent illegal medical questions • Medical Inquiry = Likely To Elicit Information About a Disability

20. Application/Interview Stage • Example: Substance Abuse & Addiction Counselor

21. Application/Interview Stage • Example: • Asking about addiction is a medical inquiry • Not allowed at the pre-offer stage

22. Application/Interview Stage • Tips • Know what a medical inquiry is • Wait until post-offer when possible

23. Application/Interview Stage • Trap • Applicant has a visible disability

24. Application/Interview Stage • Example: Wheelchair User

25. Application/Interview Stage • Example: • Emergency evacuation is not a qualification standard • No other applicants were asked

26. Application/Interview Stage • 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

27. Application/Interview Stage • Trap • Applicant discloses during interview

28. Application/Interview Stage • Example: Multiple Sclerosis

29. Application/Interview Stage • Example: • No Reasonable Belief = Speculating About The Future

30. Application/Interview Stage • 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

31. Application/Interview Stage • Rehabilitation Act & ADA: Big Picture • Do Accommodate: Applicants and employees

32. Application/Interview Stage • Trap • Applicant asks for an accommodation for the interview, during the interview

33. Application/Interview Stage • Example: Learning Disability

34. Application/Interview Stage • Example: • Employers can request medical documentation when an applicant asks for an accommodation • Employer did not give adequate notice

35. Application/Interview Stage • 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

36. 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.

37. Application/Interview Stage • Example: • A job applicant discloses she has epilepsy during her job interview. • Is this an accommodation request?

38. Application/Interview Stage • Example: • Probably not. • No indication she needs an accommodation • Reasonable belief

39. Application/Interview Stage • Tips • “Is there anything you need to participate in the interview?”

40. Application/Interview Stage • Trap: Not getting enough information • Medical documentation: • Applicant/employee has a disability • Applicant/employee needs an accommodation • Limitations, work-related problem, accommodation ideas

41. Application/Interview Stage • 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?

42. Application/Interview Stage • 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

43. Application/Interview Stage • Tips • Focus on the interview • Limit medical documentation • Worry about on-the-job accommodations later

44. Application/Interview Stage • Reasonable Accommodation Related • to Online Application Systems

45. Application/Interview Stage • Contact • (800)526-7234 (V) & (877)781-9403 (TTY) • AskJAN.org & jan@askjan.org • (304)216-8189 via Text • janconsultants via Skype