Employment Practices Loss Prevention Guidelines - Chubb Group of ...

Pre-employment obligations and inquiries addressed by the ADA—Under
the ADA, an applicant may be entitled to a reasonable accommodation
during the hiring process. If the employer has reason to believe that an
applicant requires such an accommodation, or if the applicant asks for a
reasonable accommodation for the hiring process, the employer may have to
accommodate the individual. For instance, if an applicant is blind, the
employer may have to alter the format of a written pre-employment test.
However, if the employer is testing eyesight because it is necessary for the
essential functions of a job, the employer need not alter the format of its
test. Additionally, employers should make sure interview sites are easily
accessible and contain no barriers that would hinder a person with a
disability. This includes restrooms, parking areas, routes of ingress and
egress, interior routes in the employer’s premises, and interviewing rooms.
Employers must provide wheelchair-accessible interview sites.
Under the ADA, employers may ask for certain information, such as
whether an applicant can perform a specific job function, with or without a
reasonable accommodation; whether an applicant can meet an employer’s
attendance/work-hour requirements; or whether the applicant had an
attendance/tardiness problem at a prior employer. If an employer reasonably
believes that an applicant will need an accommodation to perform the
essential functions of the job, the employer may then ask whether the
applicant needs a reasonable accommodation to perform the essential
functions of the job and what type of reasonable accommodation would be
needed. The employer’s reasonable belief may be triggered by observation of
a visible disability or, in the case of a nonvisible disability (such as a
psychiatric impairment), by an applicant volunteering information about a
disability or the need for an accommodation.
The ADA, however, prohibits any type of oral interview question or written
inquiry that might prompt an applicant to disclose the existence, nature, or
severity of a disability. The ADA applies to interviews of all applicants, and
not just to applicants with disabilities. Some courts have even held that an
applicant who does not have a disability may still challenge an employer’s
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