¾ Where are we (i.e., at which stage - pre-offer, post-offer, or employment) in
the employment process?
At the first stage (the pre-offer stage), the ADA prohibits all disability-related
questions and medical examinations, even if the questions or examinations are
related to the job. At the second stage (after the candidate is given a conditional
job offer), the law allows all disability-related questions and medical examinations,
as long as all entering employees in the job category are asked the questions or
given the examinations. At the third stage (after the employee starts work), the law
permits disability-related questions and medical examinations only if they are job-
related and consistent with business necessity.
The law requires that medical information collected at any stage must be kept
confidential.
For examples of some commonly asked questions on “Pre-employment Disability -
Related Questions and Medical Examination Questions,” please refer to the Equal
Employment Opportunity Commission website at
http://www.eeoc.gov/policy/docs/medfin5.pdf.
5. ACCOMMODATING PERSONS WITH DISABILITIES FOR AN
INTERVIEW:
¾ Agencies application and interviewing procedures should comply with the
American with Disabilities Act (ADA). The ADA prohibits disability-
related questions or medical exams before a job offer is made.
¾ Agencies employment offices and interviewing location(s) are to be
accessible to candidates with mobility, visual, hearing, or cognitive
disabilities.
¾ Be willing to make appropriate and reasonable accommodations to enable
job candidates with a disability to present themselves in the best possible
light. When setting up the interview explain what the hiring process
involves and ask the individual if he or she will need reasonable
accommodations for any part of the interview process. For example, if a
person who is blind states he or she will need help filling out forms, provide
the assistance; provide an interpreter for a candidate who is deaf, if he or she
requests one; provide details or specific instructions to candidate with
cognitive disabilities, if this type of accommodation is required.
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