The ADA prohibits the discrimination against people with disabilities in every sector of public mainstream life, including employment and the job application process. Enforced by the U.S. Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ), Title I of the ADA expands "equal employment opportunity and full inclusion" for people with disabilities through prohibiting "private employers with 15 or more employees, State and local governments, employment agencies and labor unions" from discriminating against people with disabilities.
It is important to note that Title I only applies to businesses with 15 or more employees, though ideally all employers will abide by the reasonable regulations put forth by the ADA to protect employees with disabilities.
Title I applies to all employment related activities, including job application procedures, hiring, firing, compensation, training, promotion, job assignments, leave, lay-off, and benefits. If a company presents a person with a job offer, it is not legal to rescind their employment prospects due to that future employee’s disability.
To be protected by Title I, an individual must have an impairment that restricts a major life activity and must demonstrate an ability to perform job-related tasks with or without reasonable accommodation. Consequently, it is unlawful to rescind a job offer based on a qualified applicant’s disability because it is a violation of the ADA for an employer to fail to provide adequate reasonable accommodations that permit an applicant or employee with a disability from participating in the job application process, performing the tasks of the position, or receiving equal employment benefits.
Accommodations vary depending on the disability and the individual. Per the ADA National Network, reasonable accommodations can be changing job tasks; providing reserved parking; allowing a service animal; improving accessibility in a work area; changing the presentation of tests and training materials; providing or adjusting a product ,equipment, or software; allowing a flexible work schedule; providing an aid or a service to increase access; or reassigning the employee to a vacant position.
That said, the employer "does not have to create a new position, no other employees need be transferred or terminated in order to make a position vacant for the purpose of reassignment, and the individual with a disability should be qualified for the new position."
If a particular accommodation inflicts undue hardship on the business due to costliness, it is the employer’s responsibility to either explore outside sources of funding, such as vocational rehabilitation agencies, or continue working with the employee to find an alternative adjustment. An employer most likely cannot rescind a job offer simply due to the potential cost of accommodations that employee could incur, because other options may be available.
In regard to the application process itself, employers are in violation of ADA law if they inquire about an applicant’s disability status or require a medical examination before offering the job to the applicant. While an employer may require a medical examination after offering the job and before the commencement of employment-related assignments, such a prerequisite must be required of everyone entering the specific job category.
Following the medical examination, if the applicant is not hired because of their disability, it is required by law that the employer not only demonstrate that the decision is related to the job and necessary for conduct of the business, but the employer must also be able to substantiate the claim that there is no reasonable accommodation that would have allowed the individual to perform the essential duties of the role. This is the only time a job offer could legally be rescinded due to disability disclosure.
In the wake of the coronavirus outbreak, some employment accommodations that have been demanded by people with disabilities for decades — the same accommodations that were previously deemed impossible to fulfill — were immediately granted with ease. In fact, according to the American Community Survey, only 40% of working-age adults with disabilities are employed in stark contrast to the 79% of their non-disabled, working-age counterparts. Reasonable accommodations — in conjunction with creativity and open communication — can be achieved in many circumstances.
Comments