Do your supervisors, managers and hiring personnel know that Title I of the Americans with Disabilities Act (ADA) mandates employers provide reasonable accommodations to qualified applicants? During the hiring process, employers are mandated to provide reasonable accommodations to applicants with known disabilities unless doing so would cause the employer an undue hardship.
Reasonable accommodation is defined as a modification or adjustment to a job, the work environment, or the way things are usually done during the hiring process. These modifications ensure equal opportunity in the application process and an equal opportunity to be considered for a job.
The Job Accommodation Network (JAN) reminds us that applicants with disablities do not need to use specific terms such as “disability,” ” accommodation,” or “ADA” to make a request for an accommodation. Applicants notifying employers of the need for an accommodation may say things like:
- “I am neurodiverse and need interview questions in advance.”
- “My screen reader doesn’t work with your online assessment; can I have someone read the questions to me?”
- “Because of my dyslexia, I need extended time to take the pre-interview online assessment.”
- “It’s painful for me to walk very far; can all the interviews take place in one location?”
Some examples of reasonable accommodations that may be provided during the application process or during an interview are:
- Close captioning for video calls
- American Sign Language (ASL) interpreters
- Written interview materials in different format, like large print
- Extra time for testing – Applicants with learning disabilities, such as ADHD, may need additional time during tests to demonstrate their capablities
- Quiet rooms or alternative testing formats for those with anxiety disorders or other cognitive impairments
- Screen readers, Braille devices or other technology
- Adjustments like wheelchair accessibility
Applicants with disabilities who meet initial requirements to be considered for a job may not be excluded from the application process because the employer speculates, based on a request for reasonable accommodation during the application process, that the employer will be unable to provide the applicant with reasonable accommodation to perform the job:
- Employers will be unable to determine whether an applicant needs a reasonable accommodation to perform a job based solely on a request for accommodation during the application process,
AND
- Even if an applicant needs a reasonable accommodation to perform the job, it may not be the same type or degree of accommodation that is needed for the application process.
Employers should make it clear on job postings, applications and interview letters that accommodations are available, and how to request them. Use a statement like:
- “If you require reasonable accommodation in completing an application, interviewing, completing any pre-employment testing, or otherwise participating in the employee selection process, please direct your inquiries to…”
In order to streamline the hiring process, upon receiving a request many employers choose to provide the applicant’s preferred accommodation when possible. The applicant will already be familiar with the accommodation, and may be able to provide suggestions for implementing it. The Job Accommodation Network (JAN) provides some examples:
- An applicant discloses that she uses a service animal and would like to bring it to the interview. Rather than requesting medical documentation, the employer decides to just ask the applicant a few questions about where the service animal will be during the interview so the employer can make sure there is appropriate space in the interview room.
- An applicant discloses that he has autism and requests to have a job coach at the interview. The employer asks him what role the job coach will play in the interview and whether he knows where to get a job coach. The applicant indicates that the job coach will be helping him with his social skills and volunteers to bring his own job coach. The employer approves the request without getting medical documentation.
- An applicant shows up for the pre-employment testing and finds out there will be multiple people taking the test in the same room. The applicant discloses that she has ADHD and asks to take the test in a private room. The employer is able to locate a room and goes ahead and provides the accommodation. In the future, the employer decides to describe the testing environment on the appointment letter sent to applicants.
- An applicant discloses that he will need an interpreter for the interview. The employer treats this as an obvious disability and does not ask for medical documentation.
REMEMBER: Under the ADA, employers must keep all medical information confidential. Supervisors and managers can be informed about accommodations during the hiring process in order to monitor the accommodation, make sure it is effective, and quickly adjust it if necessary. Supervisors and managers should not be informed about the applicant’s disability or limitations.