1 / 45

ADA Compliance: Section 503 & Job Interview Legalities

Learn to navigate job application and interview stages in compliance with ADA and Section 503 regulations. Discover legal nuances, essential functions, and reasonable accommodations. Tips, examples, and traps to avoid.

lawrence-emerson
Download Presentation

ADA Compliance: Section 503 & Job Interview Legalities

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  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

More Related