The Americans with Disabilities Act (ADA) was established in 1990 and prevents employers from discriminating against job applicants or employees with disabilities. Qualified applicants should be given a fair chance at landing the job, and disabled employees should not be unfairly singled out or made uncomfortable in the workplace. It is important that job applicants and employees alike understand the rules regarding applications and disability.
An applicant who meets the requirements of a job including previous work experience, training, testing, and other skills should be allowed to interview for the position. The applicant should also be able to perform the essential functions required for the job. If an applicant’s disability prevents them from meeting the essential requirements for the job, it is well within the employers’ rights to reject the application.
Business owners and managers are often unaware that they are required to provide “reasonable accommodation” for worker’s with disabilities. Reasonable accommodation often includes:
Making the workplace accessible for people with disabilities, including ramps, elevators, and automatic doors.
Written materials should be in easy-to-read formats, including large print and Braille if necessary.
Some employers may be required to provide interpreters for hearing-impaired individuals who need to use sign-language in the workplace.
Instructions and other communications may require the presence of a reader for employees who are blind.
Business owners may be required to modify machines, workspaces, and other tools for use by disabled employees.
Procedures may need to be modified to accommodate the employees’ special needs
Reasonable accommodation also may require business owners to allow for special circumstances during the application process. Individuals with learning disabilities may need extra time to fill out applications and take necessary tests for the position.
Business owners should be aware of the rules regarding disabled applicants and should be wary of the penalties of discriminating against people with disabilities. There are specific questions that may not be asked during the interview process, including questions about the person’s health, direct questions about disability, and worker’s compensation history. Such questions may indicate the employer may be practicing discrimination against persons with disabilities.
If you have any questions about disability job applications or if you would like to learn more about the laws regarding disability, visit the website of the Indianapolis disability lawyers of the Charles D. Hankey Law Offices, P.C.