Guidelines for Hiring

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Guidelines for Applications, Interviews,
Exams and Hiring

 

Do you wonder what questions you can ask on applications and in interviews?  Do you wonder if you can require pre-employment exams?  Do you need answers to specific questions?

The following information will hopefully provide you with the guidance and resources needed to assist you through the hiring process!

Contents:

Employment Checklist for Hiring Persons with Disabilities

Hiring People with Disabilities:  Commonly Asked Questions and Resources

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Employment Checklist for Hiring Persons with Disabilities


Contents:

Accessibility

Recruitment

Applications

Job Descriptions

Pre-Employment Inquiries

Interviews

Hiring

Assumptions to Avoid

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_________________________________________

Accessibility

____  Designated parking spaces for persons with disabilities are available in close
           proximity to the entrance.

____  A curb cut is provided (from the parking lot, for example) to access the entrance
           pathway.

____  The entrance pathway is free of abrupt level changes or steps.

____  Ramps are appropriately graded and handrails are provided.

____  Doors are at least 36 inches wide to accommodate people using wheelchairs.

____  Doors are easy to open (not heavy) or an automatic door opener is provided.

____  Door handles are easy to grasp and operate.  

____  The Personnel Office is in an accessible location.

____  An accessible restroom is available.

____  Pathways to the restroom, water fountain, and public telephone are accessible.

____  Elevators are accessible, control panels are lower than 54 inches from the floor,
           and raised symbols or numbers are used on the control panel.

____  Signage is appropriate and accessible.

____  The emergency warning system includes both audible and visual alarms.

 

For questions and assistance, contact:

The Access Board
1-800-872-2253  or  1-800-993-2822 (TTY)

Accessibility Standards and Guidelines (The Access Board)

Office of Disability Employment Policy - U.S. Department of Labor
1-202-376-6200  or  1-202-376-6205 (TTY)

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Recruitment

____  Consider sending job position announcements to recruiting resources, such
           as Vocational Rehabilitation, the Commission for the Blind, Veterans Vocational
           Rehabilitation, vocational programs for persons with disabilities, and disability-
           related organizations.  See Resources for Recruiting Workers in this guide.

____  Consider posting job position announcements with online job banks aimed toward
           recruiting people with disabilities.  See Resources for Recruiting Workers in this 
           guide.

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Applications

____  Applications and other company forms do not ask disability-related questions.

____  Applications and other company forms do not ask about medical history.

____  Applications and other company forms are in formats accessible to individuals
           with disabilities.

 

For questions and assistance, contact:

Job Accommodation Network (JAN) - A Service of ODEP, U.S. DOL
1-800-526-7234 (Voice/TTY)

Office of Disability Employment Policy - U.S. Department of Labor
1-202-376-6200  or  1-202-376-6205 (TTY)

Disability and Business Technical Assistance Centers
1-800-949-4232 (Voice/TTY)

For Alternate Application and Document Formats and Services, contact:

National Library Service for the Blind and Physically Handicapped - Library of 
Congress
1-202-707-9275 
1-800-424-8567
e-mail:  nls@loc.gov

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Job Descriptions

____  Written job descriptions identify the essential functions of the job.
           See Essential Job Functions in this guide. 

____  Physical and mental performing elements of the essential job functions are
           considered and identified.  See Essential Job Functions in this guide.

 

For questions and assistance, contact:

Job Accommodation Network (JAN) - A Service of ODEP, U.S. DOL
1-800-526-7234 (Voice/TTY)

Disability and Business Technical Assistance Centers
1-800-949-4232 (Voice/TTY)

Office of Disability Employment Policy - U.S. Department of Labor
1-202-376-6200  or  1-202-376-6205 (TTY)

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Pre-Employment Inquiries

Applies to questionnaires, applications, medical examinations, and other tests used by 
employers to determine the competency of the applicant.  

____  Company applications and forms do not contain disability-related questions.

____  Company applications and forms do not contain questions regarding medical
           history.

____  Medical examinations are only requested and conducted after an offer of 
           employment has been made.

____  Medical examinations are required and conducted for all employees in that
           job category.  (No one person or group is singled-out).

____  Medical information gathered is kept confidentially and separately from the
           personnel file.

Note:  Pre-employment inquiry and testing for current illegal drug use is permitted by the ADA.

 

For questions and assistance, contact:

Job Accommodation Network (JAN) - A Service of ODEP, U.S. DOL
1-800-526-7234 (Voice/TTY)

Disability and Business Technical Assistance Centers
1-800-949-4232 (Voice/TTY)

Office of Disability Employment Policy - U.S. Department of Labor
1-202-376-6200  or  1-202-376-6205 (TTY)

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Interviews

____  If requested, provide reasonable accommodation the applicant will need to 
           compete for the job, such as an accessible meeting location or a sign
           language interpreter.  (Tax credits and deductions may be available to your
           company to offset costs.  See Tax Credits and Deductions in this guide). 

____  Do not ask if a person has a disability.

____  Do not ask disability-related questions even if the disability is visible.

____  Do not ask about a person's health status.

____  Do not ask if the person had a past drug addiction.

____  Ask questions that relate only to the person's qualifications and abilities to 
           perform the essential functions of the job with or without reasonable 
           accommodation.

____  Ask questions that relate to information on the application form, including
           job duties he or she performed at previous jobs, prior work experience,
           educational background, and related items.

 

For questions and assistance, contact:

Job Accommodation Network (JAN) - A Service of ODEP, U.S. DOL
1-800-526-7234 (Voice/TTY)

Office of Disability Employment Policy - U.S. Department of Labor
1-202-376-6200  or 1-202-376-6205 (TTY)

Disability and Business Technical Assistance Centers
1-800-949-4232 (Voice/TTY)

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Hiring

____  Do consider hiring qualified applicants who can perform the essential functions
           of the job with or without reasonable accommodation.

____  Do not hire a person with a disability if that person poses a significant risk of
           substantial harm to the health or safety of the public -- and there is no reasonable
           accommodation to reduce the risk or harm.

____  Do not hire a person with a disability who is not qualified to perform the essential
           functions of the job even with reasonable accommodation.

____  Develop procedures for maintaining and protecting confidential medical records
           that are separate from the personnel file.

____  Train supervisors on making reasonable accommodations.

 

For questions and assistance, contact:

Office of Disability Employment Policy - U.S. Department of Labor
1-202-376-6200  or  1-202-376-6205 (TTY)

Job Accommodation Network (JAN) - A Service of ODEP, U.S. DOL
1-800-526-7234 (Voice/TTY)

Disability and Business Technical Assistance Centers
1-800-949-4232 (Voice/TTY)

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Assumptions to Avoid

____  Don't assume that people with disabilities need to be treated differently.  Treat
           a person with a disability the same way you would treat any applicant or employee
           with dignity and respect.

____  Don't assume that people with disabilities are unemployable.

____  Don't assume that people with disabilities lack the necessary education and
           training for employment.

____  Don't assume that people with disabilities do not want nor need to work.

____  Don't assume that alcoholism and drug abuse are not real disabilities, or that
           recovering drug abusers are not covered by the ADA.

____  Don't assume that certain jobs are more suited to people with disabilities.

____  Don't assume that you have to retain an unqualified employee with a disability.

____  Don't assume that your current management will need special training to learn
           how to work with people with disabilities.

____  Don't assume that the cost of accident insurance will increase as a result of 
           hiring a person with a disability.

____  Don't assume that the work environment will be unsafe if an employee has a
           disability.

____  Don't assume that reasonable accommodations are expensive.  Most cost little
           or nothing.

____  Don't assume a person with a disability is unable to perform an essential function.

____  Don't assume that you don't have any jobs that a person with a disability can do.

____  Don't assume that your workplace is accessible.

 

For questions and assistance, contact:

Office of Disability Employment Policy - U.S. Department of Labor
1-202-376-6200  or  1-202-376-6205 (TTY)

Job Accommodation Network (JAN) - A Service of ODEP, U.S. DOL
1-800-526-7234 (Voice/TTY)

Disability and Business Technical Assistance Centers
1-800-949-4232  (Voice/TTY)

Access Board - For Accessibility Questions
1-800-872-2253  or  1-800-993-2822 (TTY)

 

This checklist is based upon information obtained from documents provided by the U.S. Department of Labor's Office of Disability Employment Policy.

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Hiring People with Disabilities:  
Commonly Asked Questions and Resources

The following is reprinted from "Hiring People with Disabilities" - The Office of Disability Employment Policy, U.S. Department of Labor.

Listed below are commonly asked questions regarding hiring people with disabilities and resources to obtain answers.

 

Question:

Where can I get information at the national level regarding employment issues and
the Americans with Disabilities Act (ADA)?

Where can I obtain written information about the ADA and my obligation as an
employer?

Where can I get ADA technical assistance at the national level?

Response: 

The Office of Disability Employment Policy
1-202-376-6200  or 1-202-376-6205 (TTY)

Equal Employment Opportunity Commission (EEOC)
Technical Assistance:   1-800-669-4000  or  1-800-669-6820 (TTY)
To Obtain Documents:  1-800-669-3362  or  1-800-669-3302 (TTY)

 

 Question:

I just hired an employee who uses a wheelchair.  What accommodation(s) will
be needed?

My new employee informed me that she has a learning disability.  Where can I
go to get more information?

What if I need information regarding accommodations for persons with psychiatric
disabilities?  Who can I call?

What kind of equipment or technology is available to enable my employees with
disabilities to complete their job tasks?

How much will a workplace accommodation cost, and will I be able to save money
to implement the modification?

Who can assist me with writing a job description and identifying the essential job
requirements?

Response:

Job Accommodation Network (JAN) - A Service of ODEP, U.S. DOL
1-800-526-7234 (Voice/TTY)

Disability and Business Technical Assistance Centers
1-800-949-4232 (Voice/TTY)

 

Question:

I want my employment application and other employment materials 
available in alternate formats for my job applicants and employees with
visual disabilities.  Who can I call?

Our human resources staff would like to have their business cards brailled.
How can we get them done?

Response:

National Library Service for the Blind and Physically Handicapped
1-202-707-9275
1-800-424-8567
e-mail:   nls@loc.gov

 

Question:

Am I legally required to comply with the employment provisions of ADA?  If so,
what are my responsibilities?

What are the regulations under Title I of the ADA that apply to me as a small
business employer?

How do I know whether my employment practices are nondiscriminatory?

Who is a "qualified individual with a disability"?

What is an undue hardship?

How does the ADA affect my employees health benefit plans and the company's
workers' compensation program?

Does the ADA impact medical examinations that I require of all employees?  
If so, how?

Response:

Equal Employment Opportunity Commission (EEOC)
1-800-669-4000  or  1-800-669-6820 (TTY)

Disability Rights Education Defense Fund - ADA Hotline
1-800-466-4232 (Voice/TTY)

 

Question:

I need help with structural modifications to make my business accessible to
employees and customers with disabilities.  Where can I get help with
architectural questions?

Response:

The Access Board (Architectural & Transportation Barriers Compliance Board)
1-800-872-2253   or  1-800-993-2622 (TTY)
www.access-board.gov

 

Question:

I am holding a business function for my employees.  Where can I find qualified
sign language interpreters for employees who are deaf?

Response:

Registry of Interpreters for the Deaf
1-301-608-0050 (Voice/TTY)
www.rid.org

(Also check your local yellow pages under "Translators").

 

Question:

What kind of tax incentives are there if I made reasonable accommodations
in my company?

Are there any resources that provide financial assistance when I hire a person
with a disability?

Response:

Internal Revenue Service:   1-800-829-1040     www.irs.gov
U.S. Department of Labor:   1-202-693-3366     www.dol.gov/odep

 

Question:

How can I find out about local agencies that can help me with issues regarding
hiring a person with a disability?

Who in my state can assist me in implementing a workplace accommodation?

Where can I recruit qualified individuals with disabilities?

Response:

The Office of Disability Employment Policy
1-202-376-6200  or  1-202-376-6205 (TTY)
e-mail:  infoODEP@dol.gov

Rehabilitation Services Administration (Vocational Rehabilitation)
1-202-205-8719
(Check your telephone directory for Vocational Rehabilitation Division under state
 listings).

Department of Veterans Affairs
1-202-273-7419
(Check your telephone directory for Veterans Affairs - Vocational Rehabilitation
Services for your nearest state or local office).

 

Question:

Where can I learn more about specific disability groups?

Are there other businesses in my area with which I can network concerning
disability issues?

How can I find out about conferences and workshops in my state?

Response:

Regional Disability and Business Technical Assistance Centers
1-800-949-4232

Office of Disability Employment Policy Business Leadership Network
1-202-376-6200  or  1-202-376-6205 (TTY)

 

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