Providing Reasonable Accommodations for Job Applicants

Most employers are well aware of the American's with Disabilities Act. Due to the often ambiguous provisions of this rule the number of attorneys who specialize in defending employers sued for violating the ADA has grown exponentially. Most HR managers are well versed in the dangers posed by their company's actions in respect to already retained personnel. However, there are other less prominent and yet equality important duties imposed by the ADA. Specifically, the ADA includes strict procedures which govern interview protocol.

When dealing with potential new hires the first issue that employers must address is the format of the interview process. Employers must provide reasonable accommodations for all persons who desire to interview with the company even if, based on the request for the accommodation, the employer knows that the employee will not be able to fulfill the essential functions of the job For example, if an employer has been corresponding with a potential applicant by email and learns that the applicant will need a sign language interpreter to complete the interview the employer must provide the interpreter. Additionally, when setting up the interview process the employer may inform the applicant about the hiring process and may inquire if the applicant will need any special accommodations to complete the process. However, at this time, employers are not allowed to ask if the applicant is disabled or if the applicant will need an accommodation in order to perform the essential job functions.

The limitations on what an employer is permitted to ask do not end after the interview is set up. During the interview the employer is not permitted to ask if the applicant is disabled or if the applicant will require any special accommodations. The only exception to this rule is in circumstances where based on visual inspection it is clearly evident that the employee is disabled or if the applicant has voluntarily disclosed that he or she has a disability. If the disability is obvious or the employee has volunteered that he or she is disabled then the employer may ask if the applicant will need reasonable accommodations. Furthermore, if the applicant indicates that reasonable accommodations will be necessary then the employer may inquire about these accommodations. However, if the applicant indicates that accommodations will not be needed then the employer must cease all further inquires about the disability and proceed with the remainder of the interview.

If an employee has not disclosed any disabilities and none are clearly evident an employer may make a conditional offer of employment. Only after such an offer is made may an employer inquire whether the applicants will need reasonable accommodations related to anything connected with the job.

When dealing with potential applicants employer should remember that adherence to these rules is mandatory and a violation of these rules could prove quite costly.