Let’s assume that one of your candidates is disabled. What does this mean in terms of your task to hire the best qualified person for the job? The answer is: nothing. According to the Americans with Disabilities Act, you can’t ask, “Are you disabled?” or, “Will you need any sort of accommodation or special equipment to perform the job duties?” On the other hand, you can ask, “Can you perform the essential functions of this job with or without accommodation?” A qualified individual with a disability is one who, with or without reasonable accommodation, has the skills, experience, education, and other requirements of the job and can perform the essential functions of the job without endangering his health and safety or that of others.
Your firm can make numerous reasonable accommodations to assist qualified individuals with disabilities to perform the position’s essential functions. For instance, it might be possible to make the workplace more accessible by installing a ramp or automatic doors. The job might be restructured so a candidate does not have to walk. If the employee is receiving physical therapy, the position might be offered on a modified work schedule so the employee can continue therapy during the workweek.
Concerns about hiring a person with a disability often center on the person’s ability to perform the job’s tasks and meet attendance demands. While discussing this issue with someone disabled may seem awkward, the situation can be made manageable if you develop and use a standard set of questions to identify whether or not each applicant can perform the essential job functions. For instance, if a job requires lifting heavy objects, the list of questions might include, “In this job, you will need to lift 50-pound bags of concrete. Can you meet this requirement?” The interviewer simply reads each job function and asks the applicant if he or she can perform the function with or without accommodation. If the candidate indicates the need for an accommodation, the interviewer writes down a detailed description.
As you can see from the above, the ADA guidelines allow employers to ask how an individual will perform essential job functions. However, under the ADA, the employer is never allowed to ask an applicant about the disability itself. The ADA strictly prohibits inquiries about an applicant’s disability during preemployment to prevent individuals from being screened out before you determine if they can do the work.
Other issues that should not be addressed: the need for special leave because of the disability; past worker compensation claims; past, present, or future treatment by a medical doctor; use of prescription drugs; treatment for alcohol or drug abuse; and current state of mental or physical heath.