Chapter V: Nondiscrimination In The Hiring Process: Recruitment;
Applications; Pre-Employment Inquiries; Testing
This chapter discusses nondiscrimination requirements that apply to recruitment
and the job application process, including pre- employment inquiries.
Chapter VI. discusses these requirements more specifically in relation to
medical inquiries and examinations.
5.1 Overview of Legal Obligations
- An employer must provide an equal opportunity for
an individual with a disability to participate in the job application process
and to be considered for a job.
- An employer may not make any pre-employment inquiries
regarding disability, but may ask questions about the ability to perform
specific job functions and may, with certain limitations, ask an individual
with a disability to describe or demonstrate how s/he would perform these
functions.
- An employer may not require pre-employment medical
examinations or medical histories, but may condition a job offer on the
results of a post-offer medical examination, if all entering employees
in the same job category are required to take this examination.
- Tests for illegal drugs are not medical examinations
under the ADA and may be given at any time.
- A test that screens out or tends to screen out a
person with a disability on the basis of disability must be job-related
and consistent with business necessity.
- Tests must reflect the skills and aptitudes of an
individual rather than impaired sensory, manual, or speaking skills, unless
those are job-related skills the test is designed to measure.
A careful review of all procedures used in recruiting and
selecting employees is advisable to assure nondiscrimination in the hiring
process. Reasonable accommodation must be provided as needed, to assure
that individuals with disabilities have equal opportunities to participate
in this process.
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