Is It Legal to Ask If Someone Has a Disability
However, the EEOC`s definitive rules apply only to Title I of the Anti-Dumping Agreement; they do not apply to Titles II and III of the Anti-Dumping Agreement. Other federal agencies, such as the U.S. Department of Justice, the U.S. Department of Transportation, and the U.S. Department of Labor, must amend their regulations to reflect changes in the ADAAA`s definition of disability. One. The ADA prohibits discrimination based on relationship or association to protect individuals from actions based on unreasonable assumptions that their relationship with a person with a disability would interfere with their job performance and from actions caused by prejudice or misinformation about certain disabilities. This provision would protect, for example, a person whose spouse has a disability from refusal of employment because an employer believes without reason that the applicant would take excessive leave to care for his or her spouse. It would also protect a person who volunteers for people with AIDS from discriminatory employment motivated by that relationship or association. One. A pre-employment application for a disability is permitted if required by other federal legislation or regulation, such as for disabled veterans and Vietnam era veterans.
Pre-employment disability surveys may be required under these laws to identify applicants or clients with disabilities in order to provide them with the special services they require. An employer may also ask an applicant to identify themselves as a person with a disability if they voluntarily use this information to assist persons with disabilities. One. An employer is only required to consider a disability that is “known” to a qualified applicant or employee. The request is usually triggered by a request from a person with a disability, who will often be able to suggest appropriate accommodations. Precautions should be taken individually, as the type and extent of a disability and the requirements of a job vary in each case. If the person does not request accommodation, the employer is not required to provide accommodation unless a person`s known disability affects the person`s ability to know or effectively communicate accommodations that are obvious to the employer. If a person with a disability requests adequate accommodation but cannot provide it, the employer and the person should work together to find accommodation. There are also many public and private resources that can help for free. Questions like these are not allowed, according to the EEOC, even if a perceived disability or disability seems obvious: Note that anyone who undergoes an audit or review that violates these guidelines can apply for protection under the ADA, even if the person does not have a disability as defined by the ADA. See E.E.O.C.
v. Grane Healthcare Co., 2 F. Supp.3d 667, 679–80 (W.D. Pa. 2014). Employers are generally prohibited from asking questions about disabilities before making conditional offers of employment to candidates, but what should an employer do if a candidate voluntarily discloses a disability during the interview? The ADA does not override any state or local public health and safety laws unless those laws conflict with ADA requirements. If there is a state or local law that would exclude a person with a disability from a particular job or occupation because of a health or safety risk, the employer must always assess whether a particular person would pose a “direct threat” to health or safety under the ADA. If such an “imminent threat” exists, the employer must determine whether it could be eliminated by reasonable precautions or reduced below the level of an “imminent threat”. An employer cannot rely on a state or local law that conflicts with ADA requirements to defend against an allegation of discrimination. One. A wheelchair is a manually operated or electrically operated device intended primarily for use by a person with reduced mobility for the primary purpose of moving indoors or indoors and outdoors.
Persons with reduced mobility must be allowed to use manually operated wheelchairs and mobility aids, i.e. walking aids, crutches, sticks, braces or other similar devices intended for use by persons with reduced mobility, in all areas open to pedestrian traffic.