Last October the Equal Employment Opportunity Commission (EEOC) released a fact sheet about the Americans with Disabilities Act (ADA) in honor of National Disability Employment Awareness Month. The document provides easy-to-understand answers about job seeker's rights throughout the hiring process including interviewing, testing, reasonable accommodations and disclosure of medical information.

Job developers, job seekers, and individuals who just started a new job will find this tool especially helpful. "While many people with disabilities are aware of the Americans with Disabilities Act, they may not fully understand how the law protects them," said EEOC Chair Cari M. Dominguez.

Put simply, Title I of the ADA makes it unlawful for an employer to discriminate against a qualified applicant or employee with a disability. The meaning of the law when in practice - when an applicant (or employee) is discussing their disability with a potential employer, requesting accommodation to perform the job, or being reviewed to determine if they are 'qualified' for the job often - is not as easy to understand. The complexities of individual situations often make it difficult to apply ADA protection in a clear-cut manner.

Fortunately the EEOC's fact sheet was composed with the layperson in mind. It was laid out using a 'frequently asked question' approach and includes examples that illustrate abstract ideas to make solid conclusions.

For example, in the reasonable accommodation section, a question asks if an employer can refuse to provide an individual with an accommodation because it is too difficult or expensive. The answer explains that an employer cannot refuse to provide accommodation solely because it entails some costs, but can refuse to provide an accommodation if it would cause 'undue hardship.' The following example appears at the conclusion of this section:

"A trucking company conducts job interviews in a second floor office. There is no elevator. The company calls Tanya to arrange for an interview for a secretarial position. She requests a reasonable accommodation because she uses a wheelchair. Installing an elevator would be an undue hardship, but the employer could conduct the interview in a first floor office. The employer must move the location of the interview as a reasonable accommodation."

The reader comes away with a solid example of what the ADA requires of the employer. Applying this logic the reader can apply the law to their individual situation. Likewise, in the section that covers discussing disability with a potential employer, the fact sheet offers examples of questions the employer cannot ask on an application or during an interview.

"Do you have a disability that would interfere with your ability to perform the job?"

"How many days were you sick last year?"

"What prescription drugs are you currently taking?"

Many people don't know, however, that an employer can ask all of the questions stated above after an offer of employment has been extended as long as the employer asks the same questions to all applicants offered the same job.

It is critical to be aware of the rights provided under the Americans with Disabilities Act. When job seekers are confident about their knowledge of their rights they can focus their energy on making their best qualities shine. "Just as employers cannot refuse to hire an applicant simply because he or she has a disability if the person can perform the essential functions of the job, an applicant also should focus during the hiring process on his or her qualifications rather than on disability," Chair Dominguez remarked.

Go to www.eeop.gov or call (800) 669-3362 for a copy of the ADA fact sheet. The EEOC's ADA fact sheet also is available in Spanish.

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