1. JAN is a service of the U.S. Department of Labor’s Office of Disability Employment Policy. 1 Complying with Section 503 and the ADA in the Application/Interview Stage Linda Carter Batiste, J.D., Principal Consultant Beth Loy, Ph.D., Principal Consultant

2. Legal: Rehabilitation Act & ADA  Section 503 Regulations and Title I 2 Application/Interview Stage

3. Legal: Rehabilitation Act  Section 503  Applies to Federal Contractors  Same as the ADA  Plus Affirmative Action 3 Application/Interview Stage

4. Legal: Rehabilitation Act  Section 503  Self-Identification  Recruiting  Posting Notices  Qualification Standards  Reasonable Accommodation 4 Application/Interview Stage

5. Legal: Rehabilitation Act  Section 503 Versus the ADA  Other Federal Laws  Affirmative Action  Laws that Offer Greater Rights 5 Application/Interview Stage

6. Job Application/Interview Stage 6 Application/Interview Stage

7. Rehabilitation Act & ADA: Big Picture Don’t DiscriminateDo Accommodate 7 Application/Interview Stage

8. Rehabilitation Act & ADA: Big Picture Don’t Discriminate: Job applications and interviews 8 Application/Interview Stage

9. Job Descriptions: Focus on what is to be accomplished 9 Application/Interview Stage

10. Example: Driving 10

11. Application/Interview Stage Example: Driving Is the person being hired to drive? Does every social worker have to drive? 11

12. Tips Have Accurate Job Descriptions  Know What an Essential Function Is  Focus on the Work to Be Accomplished 12 Application/Interview Stage

13. Resources for Recruiting  Employer Assistance and Resource Network (EARN)  Workforce Recruitment Program (WRP)  Vocational Rehabilitation (VR) 13 Application/Interview Stage

14. Keep Your Eye on the Ball: Focus on qualifications and skills 14 Application/Interview Stage

15. Example: Wheelchair User Application/Interview Stage 15

16. Example: Purpose of Job Interview = Gathering Information About Qualifications and Skills Application/Interview Stage 16

17. Tips  Stick to what you need to know  Treat all applicants the same whenever possible  Get what you need to determine whether an applicant is qualified 17 Application/Interview Stage

18. Medical Inquires and Exams: Almost always prohibited at application stage 18 Application/Interview Stage

19. Trap  Asking inadvertent illegal medical questions Medical Inquiry = Likely To Elicit Information About a Disability Application/Interview Stage 19

20. Example: Substance Abuse & Addiction Counselor Application/Interview Stage 20

21. Example:  Asking about addiction is a medical inquiry  Not allowed at the pre-offer stage Application/Interview Stage 21

22. Tips  Know what a medical inquiry is  Wait until post-offer when possible 22 Application/Interview Stage

23. Trap  Applicant has a visible disability Application/Interview Stage 23

24. Example: Wheelchair User Application/Interview Stage 24

25. Example:  Emergency evacuation is not a qualification standard  No other applicants were asked Application/Interview Stage 25

26. Tips  Stick to what you need to know  Treat all applicants the same whenever possible  Get what you need to determine whether an applicant is qualified 26 Application/Interview Stage

27. Trap  Applicant discloses during interview Application/Interview Stage 27

28. Example: Multiple Sclerosis Application/Interview Stage 28

29. Example: No Reasonable Belief = Speculating About The Future Application/Interview Stage 29

30. Tips  Stick to what you need to know  Treat all applicants the same whenever possible  Get what you need to determine whether an applicant is qualified 30 Application/Interview Stage

31. Rehabilitation Act & ADA: Big Picture Do Accommodate: Applicants and employees 31 Application/Interview Stage

32. Trap  Applicant asks for an accommodation for the interview, during the interview Application/Interview Stage 32

33. Example: Learning Disability Application/Interview Stage 33

34. Example:  Employers can request medical documentation when an applicant asks for an accommodation  Employer did not give adequate notice Application/Interview Stage 34

35. Tips  Include on job announcements and advertisements:  Information about the job, EEO statement, invitation for applicants to request accommodations, overview of what the interview will include  Train hiring personnel 35 Application/Interview Stage

36. Trap  Not recognizing an accommodation request What is a reasonable accommodation request?  An applicant or employee asks for something that is needed because of a medical condition. Application/Interview Stage 36

37. Example: A job applicant discloses she has epilepsy during her job interview. Is this an accommodation request? Application/Interview Stage 37

38. Example: Probably not.  No indication she needs an accommodation  Reasonable belief Application/Interview Stage 38

39. Tips  “Is there anything you need to participate in the interview?” 39 Application/Interview Stage

40. Trap: Not getting enough information Medical documentation:  Applicant/employee has a disability  Applicant/employee needs an accommodation  Limitations, work-related problem, accommodation ideas Application/Interview Stage 40

41. Example: A deaf applicant for a forklift driver position asks for an interpreter for the job interview. Should you ask him for medical documentation related to his ability to safely drive a forklift? Application/Interview Stage 41

42. Example: No.  Employer can ask about ability to perform the job  Employer must wait until post-offer to request medical documentation related to on the job Application/Interview Stage 42

43. Tips Focus on the interview  Limit medical documentation  Worry about on-the-job accommodations later 43 Application/Interview Stage

44. Reasonable Accommodation Related to Online Application Systems 44 Application/Interview Stage

45. Contact  (800)526-7234 (V) & (877)781-9403 (TTY)  AskJAN.org & jan@askjan.org  (304)216-8189 via Text  janconsultants via Skype 45 Application/Interview Stage