5.1 Overview of Legal Obligations

Technical assistance manual on the employment provisions (Title I) of the Americans With Disabilities Act

V. NONDISCRIMINATION IN THE HIRING PROCESS:

• An employer must provide an equal opportunity for an individual with a disability to participate in the job application process and to be considered for a job.
• An employer may not make any pre–employment inquiries regarding disability, but may ask questions about the ability to perform specific job functions and may, with certain limitations, ask an individual with a disability to describe or demonstrate how s/he would perform these functions.
• An employer may not require pre–employment medical examinations or medical histories, but may condition a job offer on the results of a post–offer medical examination, if all entering employees in the same job category are required to take this examination.
• Tests for illegal drugs are not medical examinations under the ADA and may be given at any time.
• A test that screens out or tends to screen out a person with a disability on the basis of disability must be job–related and consistent with business necessity.
• Tests must reflect the skills and aptitudes of an individual rather than impaired sensory, manual, or speaking skills, unless those are job–related skills the test is designed to measure.

A careful review of all procedures used in recruiting and selecting employees is advisable to assure nondiscrimination in the hiring process. Reasonable accommodation must be provided as needed, to assure that individuals with disabilities have equal opportunities to participate in this process.