Interviewing and the ADA: Remaining Compliant

As a staffing firm, you take sourcing and vetting qualified candidates very seriously. While you might have a set list of questions prepared that is customized for the industry you serve, have you stopped to consider whether or not you are violating the ADA? With so much room for potential claims and the ADA coming down hard on violators of its strict non-discrimination policies, getting familiar with these regulations is a must. As we explore how to remain compliant in your interview process, ensure you are equipped with a comprehensive Staffing Firm EPLI policy.

Don’t ask questions about obvious disabilities.

If someone is using a wheelchair or a cane, don’t ask why. Not only is it uncouth, it’s also considered discriminatory by the ADA.

Don’t ask general questions about disabilities.

Don’t ask, “Do you have a disability that would prevent you from performing the essential functions of the job with or without a reasonable accommodation?” Stick with job-related questions. You can tell an applicant that the job requires employees to lift 30-pound boxes and move them down a flight of stairs 20 times a day. You can then ask, “Can you do that with or without a reasonable accommodation?” explains Find Law.

Don’t ask about the severity of a disability.

If a candidate shows up for the interview with a broken leg, don’t ask whether or not it will heal properly or if it was a bad break. Instead, you can ask how it happened.

If an applicant volunteers information about a disability, don’t pry.

Even if a candidate willingly provides information regarding their disability, do not follow up with “What’s your prognosis?” or “How does this affect your ability to work?” While you want to focus on solely job related questions, you cannot pry into their disability.

Take care in how you approach the topic of drug use.

While you can ask if the candidate has ever used drugs, you cannot ask them how often they use them currently. Further, the ADA does not prohibit an employer from asking about arrests or convictions relating to drugs; however, these questions may be discriminatory under Title VII of the Civil Rights Act, states the article.

About World Wide

At World Wide Speciality Programs, we make sure to be the leader in protecting your business. Our Employment Practices Liability claims are designed to protect your staffing firm from applicant or employee claims. Not only do we provide coverage to in-house employees, but we also provide coverage for contract employees as well. Our coverage policies include, but are not limited to, coverage for workplace torts, individual policies, and duty to defend.

 

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