How do I Legally Discuss Accommodations with the Applicant?

Concerns about hiring a person with a disability often centers around the person’s ability to perform job duties and meet attendance demands. While discussing this issue with someone disabled may seem awkward, it can be made a manageable situation if you develop and use a standard set of questions to identify whether or not each applicant is able to perform the essential job functions. For instance, if a job requires lifting heavy objects, the list of questions might include, "In this job, you will need to lift 50-pound bags of concrete. Can you meet this requirement?" The interviewer simply reads each job function and asks the applicant if he or she can perform the function with or without accommodation. If the candidate indicates the need for an accommodation, the interviewer writes down a detailed description of it.

The ADA outlines several situations that employers may encounter when interacting with an applicant and what the employer may and may not ask. They are:

  • If the candidate has a known disability (e.g., a missing arm) that would appear to interfere with or prevent job performance, the manager may ask the candidate to describe how he or she would do the task. The focus should be on determining the accommodation that would be needed.
  • If the candidate has a known disability that does not appear to interfere with a job function (for instance, uses a wheelchair but the jobholder can sit and do the work), you cannot ask for a description of how he or she would do the work.
  • If the manager suspects a candidate has a disability, he or she cannot ask for a description of how he or she would do the work.
  • If a candidate voluntarily indicates that he or she would need accommodation to perform a task, you would be required to get a detailed description of the requested accommodation.
  • If a candidate indicates that he or she cannot perform an essential job function, even with accommodation, the candidate would not be qualified for the job.

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ADA guidelines allow employers to ask sometimes how an individual will perform essential job functions. However, under the ADA, the employer is never allowed to ask an applicant about the disability itself.

Among the issues about which you can’t ask:

  • Existence of a disability.
  • Nature or severity of any disability.
  • Prognosis of any condition or disability.
  • The need for special leave because of the disability.
  • Past worker compensation claims.
  • Past, present or future treatment by a medical doctor.
  • Use of prescription drugs.
  • Treatment for alcohol or drug abuse.
  • Major illnesses or surgeries.
  • Current state of mental or physical heath.
  • Physical characteristics (e.g., weight, height).