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During recruitment, employers may ask individuals to outline any pre-existing injury or illness that they believe may affect their ability to perform the normal duties of the role in writing.
Under the Americans with Disabilities Act (ADA), a place of public accommodation like many businesses that are open to the public cannot discriminate against a customer or visitor on the basis of the individual's disability in the access and enjoyment of the business.
A violation can occur when job postings discourage individuals with disabilities from applying, exclude them, or deny a qualified individual employment because of their disability. It is an ADA violation for any employer to demote, terminate, harass, or fail to provide reasonable accommodations to disabled employees.
Under federal anti-discrimination laws, businesses can refuse service to any person for any reason, unless the business is discriminating against a protected class.
The good news is the ADA does not change this: you are always allowed to hire the most capable person. However, the ADA does limit what you can and can't ask a disabled applicant and requires you to accommodate their needs so long as they are reasonable.
The ADA places restrictions on employers when it comes to asking job applicants to answer medical questions, take a medical exam, or identify a disability. An employer may not ask a job applicant, for example, if he or she has a disability (or about the nature of an obvious disability).
The ADA requires employers to treat any medical information obtained from a disability-related inquiry or medical examination (including medical information from voluntary health or wellness programs (9)), as well as any medical information voluntarily disclosed by an employee, as a confidential medical record.
A federal law, the Americans with Disabilities Act (ADA), requires most business and facilities to provide reasonable access and accommodation for all disabled customers, clients, and members of the public. The ADA applies to almost all businesses that are open to the public, regardless of size.
What types of accommodations are generally considered reasonable?Change job tasks.Provide reserved parking.Improve accessibility in a work area.Change the presentation of tests and training materials.Provide or adjust a product, equipment, or software.Allow a flexible work schedule.More items...
Yes. An employer cannot ask for documentation when: (1) both the disability and the need for reasonable accommodation are obvious, or (2) the individual has already provided the employer with sufficient information to substantiate that s/he has an ADA disability and needs the reasonable accommodation requested.