Hiring People with Disabilities ADA Trainer Network Module 3e It’s about Talent: Hiring People with Disabilities Trainer’s Name Trainer’s Title Phone Number Email/Website Here
Disclaimer Information, materials, and/or technical assistance are intended solely as informal guidance, and are neither a determination of your legal rights or responsibilities under the ADA, nor binding on any agency with enforcement responsibility under the ADA. The Northeast ADA Center is authorized by the National Institute on Disability and Rehabilitation Research (NIDRR) to provide information, materials, and technical assistance to individuals and entities that are covered by the ADA. The contents of this document were developed under a grant from the Department of Education, NIDRR grant number H133 A110020. However, those contents do not necessarily represent the policy of the Department of Education, and you should not assume endorsement by the Federal Government.
Have a look at this film clip… An executive with a disability… What strikes you as you watched this film clip? What are some issues for job seekers with disabilities? What are some issues for employers in hiring people with disabilities? (To yourself) What is one thing I/we might want to do differently?
Film Clip — Jim IBM
It’s about talent! People with disabilities…* Represent a significant source of untapped talent! (ODEP, 2011)* Perform as well as other employees (DePaul University, 2005)** http://www.dol.gov/odep/pubs/20100727.pdf ** Hernandez et al 2007
It’s about talent! People with disabilities… Have educational levels similar to others (National Organization On Disability/Kessler, 2010)* Can be and are held to the same performance standards as any other employee (Office of Employment & Disability Policy)** *http://www.2010disabilitysurveys.org/pdfs/surveyresults.pdf **https://disability.workforce3one.org/view/4011117431659720103/info
Consider the following true/false questions Thinking it through… Consider the following true/false questions
True or false? Thinking it through… 1. When recruiting or hiring, an employer can ask whether job-seekers have any disabilities which would prevent them from doing the job.
True or false? Thinking it through… 2. Employers cannot ask candidates with disabilities to demonstrate how they would do the job because this would be disability discrimination.
True or false? Thinking it through… 3. Employers cannot ask whether job applicants have been hospitalized recently, have collected workers compensation or are currently taking any prescription medication.
True or false? Thinking it through… 4. Employers can require job-seekers to have a driver’s license even when a job does not really involve driving.
True or false? Thinking it through… 5. Job applicants who don’t tell the employer about a disability during the hiring process forfeit their right to an accommodation on the job if they are hired.
True or false? Thinking it through… 6. Once hired, employers can require a medical examination before work starts.
True or false? Thinking it through… 7. Everyone must be given the opportunity to apply for a job, whether or not they have a disability.
True or false? Thinking it through… 8. Employers only need to provide accommodations for employees, not job applicants.
Summary: About hiring (Pre-employment)… No disability inquiry during recruitment, screening or hiring No medical inquiries or “indirect” questions about disability Many disabilities covered under the ADA are not apparent to others The decision to not tell about a disability during hiring is not a “lie.” It is a legally protected right.
Summary: About hiring (Post-offer)… Medical exam is permissible after a job-offer has been extended and before work has started Apply same medical exam to all in the job category (avoid selective inquiries) If medical exam shows that the person has a disability that cannot be accommodated or that poses a credible safety threat, the job offer can be rescinded