Questions To Ask A Person With A Disability

Someone suggested to me earlier last week that I might want to touch on how managers handle interviews with candidates who are disabled.  Of course, wise and prudent Managers know they can’t discriminate against disabled candidates, but they also know they need to find people who can actually do the job.  How can they find the right balance?  What interview questions are off-limits?  This is where it gets tricky.

Here's A Scenario

Here's a scenario:  An applicant comes into your business with his right hand missing.  He's applying for the "Engine Repair Technician" position you've posted in the paper.  You aren't sure what to do, since you suspect he's not going to be able to do the work without both his hands.  "Uh, oh,"  you think.  "I know there's some law out there that requires me to give equal opportunities to people with disabilities.  What do I do?"  

Americans With Disability Act (ADA)

Well, the good news is that you knew that there is some law out there.  It's called ADA:  Americans With Disabilities Act.  It requires employers to provide reasonable accommodations for qualified applicants who are classified as having a disability.  First and foremost, you should consider all candidates qualified for the opening you have posted.

To flush this out, you need a well-written job description that outlines the essential job functions and requirements (including physical requirements) of the position.  Without a well-written job description, you have no viable criteria to qualify or disqualify candidates; therefore, no clear criteria identified for the physical requirements of the position.  Start by having a well-written job description.  

Questions You Can and Cannot Ask

But, when it comes to individuals with disabilities, Managers are concerned about what is ok to ask.  So, here you go....Questions commonly asked about this topic:

1.  Can we ask them about their disability?  No, you cannot ask about the nature or the extent of their disability.  But you can ask the applicant whether or not he/she can perform the job with or without accommodations.  If the applicant responds that that he can perform the job, then you're allowed to ask him how he would plan to be able to perform the physical requirements of the job.

2.   Can we use a test to see if an interviewee can handle a necessary physical function — for example, heavy lifting?  Yes, those tests are OK after an offer has been extended.  But only if you test every applicant, and not just those who appear disabled.

3.   After describing the job’s requirements, can we ask applicants if they know of anything that would prevent them from performing those duties?  Yes, but again: You need to ask every applicant that question.

4.   Can we ask if a disability is likely to get worse and interfere with performance in the future?  No — this type of question is akin to asking for a diagnosis or other medical information, which is prohibited under the Americans with Disabilities Act.

Summary:  It's important to have well-defined requirements -- including physical requirements -- of a position written down in the job description.  Stay focused on the issue at hand:  Can the applicant perform the job (with or without reasonable accommodations)?  Ensure that the job description identifies those duties that are truly vital to the position (essential job functions) versus a list of critical and non-critical tasks/job duties. 

Kathleen Lapekas - PHR
Action HR Consulting
For Personal Attention to Personnel Matters...
http://www.actionhrconsultant.com/