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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
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Legal: Rehabilitation Act & ADA Section 503 Regulations and Title I 2 Application/Interview Stage
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Legal: Rehabilitation Act Section 503 Applies to Federal Contractors Same as the ADA Plus Affirmative Action 3 Application/Interview Stage
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Legal: Rehabilitation Act Section 503 Self-Identification Recruiting Posting Notices Qualification Standards Reasonable Accommodation 4 Application/Interview Stage
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Legal: Rehabilitation Act Section 503 Versus the ADA Other Federal Laws Affirmative Action Laws that Offer Greater Rights 5 Application/Interview Stage
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Job Application/Interview Stage 6 Application/Interview Stage
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Rehabilitation Act & ADA: Big Picture Don’t DiscriminateDo Accommodate 7 Application/Interview Stage
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Rehabilitation Act & ADA: Big Picture Don’t Discriminate: Job applications and interviews 8 Application/Interview Stage
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Job Descriptions: Focus on what is to be accomplished 9 Application/Interview Stage
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Example: Driving 10
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Application/Interview Stage Example: Driving Is the person being hired to drive? Does every social worker have to drive? 11
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Tips Have Accurate Job Descriptions Know What an Essential Function Is Focus on the Work to Be Accomplished 12 Application/Interview Stage
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Resources for Recruiting Employer Assistance and Resource Network (EARN) Workforce Recruitment Program (WRP) Vocational Rehabilitation (VR) 13 Application/Interview Stage
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Keep Your Eye on the Ball: Focus on qualifications and skills 14 Application/Interview Stage
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Example: Wheelchair User Application/Interview Stage 15
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Example: Purpose of Job Interview = Gathering Information About Qualifications and Skills Application/Interview Stage 16
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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
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Medical Inquires and Exams: Almost always prohibited at application stage 18 Application/Interview Stage
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Trap Asking inadvertent illegal medical questions Medical Inquiry = Likely To Elicit Information About a Disability Application/Interview Stage 19
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Example: Substance Abuse & Addiction Counselor Application/Interview Stage 20
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Example: Asking about addiction is a medical inquiry Not allowed at the pre-offer stage Application/Interview Stage 21
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Tips Know what a medical inquiry is Wait until post-offer when possible 22 Application/Interview Stage
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Trap Applicant has a visible disability Application/Interview Stage 23
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Example: Wheelchair User Application/Interview Stage 24
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Example: Emergency evacuation is not a qualification standard No other applicants were asked Application/Interview Stage 25
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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
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Trap Applicant discloses during interview Application/Interview Stage 27
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Example: Multiple Sclerosis Application/Interview Stage 28
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Example: No Reasonable Belief = Speculating About The Future Application/Interview Stage 29
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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
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Rehabilitation Act & ADA: Big Picture Do Accommodate: Applicants and employees 31 Application/Interview Stage
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Trap Applicant asks for an accommodation for the interview, during the interview Application/Interview Stage 32
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Example: Learning Disability Application/Interview Stage 33
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Example: Employers can request medical documentation when an applicant asks for an accommodation Employer did not give adequate notice Application/Interview Stage 34
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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
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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
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Example: A job applicant discloses she has epilepsy during her job interview. Is this an accommodation request? Application/Interview Stage 37
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Example: Probably not. No indication she needs an accommodation Reasonable belief Application/Interview Stage 38
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Tips “Is there anything you need to participate in the interview?” 39 Application/Interview Stage
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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
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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
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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
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Tips Focus on the interview Limit medical documentation Worry about on-the-job accommodations later 43 Application/Interview Stage
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Reasonable Accommodation Related to Online Application Systems 44 Application/Interview Stage
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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
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