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01-21-1998�83 ADA Advisory Board January 21, 1998 Meeting Minutes P7 Present: Bob Evans, Larry Sharp, Ramone Ramiderez, Tomas Mendez, Kathe Stark Absent: Dorothy Powers, Jennifer Switzer- Hensley Others Present: Keith Starnes A formal board meeting could not be held pending the Mayor's appointment of board members and a quorum in attendance. In lieu of a formal meetings, discussion took place on what the board would like to accomplish in the coming year and City processes. Training collaboratives to link business and ADA. Where do businesses get technical assistance? 2. How to obtain public input into the Board? 3. Vary the location and possibly the time of board meetings; generate interest in the board by buying newspaper advertisements. 4. Documenting the appearance of access: record every meetings, all requests for accommodations 5. Request for flow chart of functions within the City. 6. May board training is available through the City. 7. Group felt City Architect should remain member of the Board with proposed revisions to the governing ordinance. (W� J Shirley Clark, City Clerk III sod Iffil Date: January 1998 Introduction Welcome to the first edition of the ADA Bulletin. As issues or questions arise that affect Division Directors and Department Heads, the ADA Bulletin will provide information city -wide. Circulate this bulletin and retain in a binder for future reference. Interviewing and Medical Examinations of Applicants You have job to fill and a person with a disability applies. S/he is like any other job applicant except for living with a disability. What can an interviewer ask? An employer may not ask disability- related questions and may not conduct medical examinations until after it makes a conditional job offer to the applicant. This helps ensure than an applicant's possible disability is not considered before the employer evaluates an applicant's non - medical qualifications. An employer may do a number of things to evaluate whether an applicant is qualified for the job, including the following: Employer's may ask about: • An applicant's ability to perform specific job functions. • An applicant's non - medical qualifications and skills, such as education, work history, and required certifications and licenses. • Employer's may ask all applicants to describe or demonstrate how they would perform job tasks. What is a Disability - Related Question? Disability- related question means a question that is likely to elicit information about a disability. This means an employer cannot directly ask an applicant whether or not he /she has a disability. It also means an employer cannot ask questions that are closely related to disability. May an employer ask whether an applicant can perform the job? Yes. An employer may ask whether applicants can perform any or all job functions. May an employer ask applicants to describe or demonstrate how they would perform the job? Yes. An employer may ask applicants to describe how they would perform any or all job functions, as long as all applicants in the job category are asked to do this. Employers should remember that, if an applicant says the s/he will need a reasonable accommodation to do a job demonstration, the employer must either: • Provide the reasonable accommodation if it does not create an undue hardship; or • Allow the applicant to simply describe how s/he would perform the job function. G J May an employer ask applicants whether they will need reasonable accommodation for the hiring process? Yes. An employer should tell applicants what the hiring process involves (such as, an interview, timed written test, or job demonstration) and may ask applicants whether they will need a reasonable accommodation for the process. May an employer ask whether applicants will need reasonable accommodation to perform the functions of the job? No. In general, an employer may not ask questions about whether an applicant will need reasonable accommodation for the job. This is because these questions are likely to elicit whether the applicant has a disability. May an employer ask whether an applicant can meet the employer's attendance requirements? Yes. An employer may state its attendance requirements and ask whether an applicant can meet them. An employer may also ask about an applicant's prior attendance question because there may be many reasons unrelated to disability why someone cannot meet attendance requirements or was frequently absent from a previous job. May an employer ask applicants about their certifications and licenses? Yes. An employer may ask an applicant whether s/he has the certifications or licenses required for any job duties. May an employer ask about conviction records? Yes. These questions are not likely to elicit information about disability because there are many reasons unrelated to disability why someone may have an conviction record. May an employer ask whether applicants can perform major life activities, such as standing, lifting, walking, etc. No. Questions about major life activities are almost always disability- related because they are likely to elicit information about a disability. These questions are prohibited unless they are specifically about the ability to perform job functions. May an employer ask about workers' compensation history? No. An employer may not ask about job- related injuries or workers' compensation history May an employer ask about current illegal use of drugs? Yes. A person who currently illegally uses drugs is not protected under the ADA when the employer acts on the basis of the drug use. May an employer ask applicants about lawful drug use? No, these questions are likely to elicit information about disability. May an employer ask applicants about their lawful drug use if the employer is administering a test for illegal use of drugs? Yes, if an applicant tests positive for illegal drug use. In that case, the employer may validate the test results by asking about lawful drug use or possible explanations for the positive result other than the illegal use of drugs. L J May an employer ask applicants about prior illegal drug use? Yes, provided that the particular question is not likely to elicit information about a disability. It is important to remember that past addiction to illegal drugs is a covered disability under the ADA, but past casual use is not a covered disability. An employer may ask, "Have you ever used illegal drugs ?" "When was the last time you used illegal drugs" or "Have you used illegal drugs in the last six months ?" May an employer ask third parties questions it could not ask the applicant directly? No. An employer may not ask a third parry (such as a former employer) any questions that it could not directly ask the applicant. What About Medical Examinations? An employer cannot require examinations that seek information about physical or mental impairments or health at the pre -offer stage. May an employer require applicants to take physical agility tests? Yes. A physical agility test, in which an applicant demonstrates the ability to perform actual or simulated job tasks, is not a medical examination. May an employer require applicants to take physical fitness tests? Yes. A physical fitness test, in which an applicant's performance of physical tasks - such as running or lifting - is measured, is not a medical examination. However, if an employer measure an applicant's physiological or biological responses to performance, the test would be medical and not allowed. May an employer ask an applicant to provide medical certification that s /he can safely perform a physical agility or physical fitness test? Yes. Although an employer cannot ask disability- related questions, it may give the applicant a written description of the agility or fitness test and ask the applicant to have a private physician simply state whether s/he can safely perform the test. May an employer ask an applicant to assume liability for injuries incurred in performing a physical agility or physical fitness test? Yes. May an employer give vision tests to applicants? Yes, unless the particular test is medical. Evaluating someone's ability to read labels or distinguish objects as a part of a demonstration of ability to do the job is not a medical examination. However, an ophthalmologist's or optometrists analysis of someone's vision is medical and is prohibited. May an employer give psychological examinations to applicants? Yes, unless the particular examination is medication. Psychological examinations are medical if they provide evidence that would lead to identifying a mental disorder or impairment. If a test is designed and used to measure only things such as honesty, tastes, and habits, it is not medical. L J May an employer give applicants tests to determine illegal use of controlled substances? Yes. Tests to determine the current illegal use of controlled substances are not considered medical examinations. May an employer give alcohol tests to applicants? No. Tests to determine whether and/or how much alcohol an individual has consumed are medical, and there is no statutory exemption. Taken from: ADA Enforcement Guidance: Pre - employment Disability- Related Questions and Medical Examinations, October 10, 1995. If an applicant reveals the presence of a disability during the interview, do not pursue the topic, assuming it is okay because the applicant made the disclosure. Inquiries about disabilities are never permissible until the employer has offered a job offer conditioned on the applicant's ability to meet the physical and mental requirements of the job. An applicant with a disability may initiate a discussion about reasonable accommodation for the job at any time during the interview. The interviewer should make it clear that the City is willing to explore the need for and feasibility of providing a reasonable accommodation a er an offer of employment has been made. Don't Get Caught in Assumption Alley Assumptions and attitudes can be barriers to employment for persons with disabilities. Assumption: It is unbelievable that a person with a double amputation can compete with the world's fastest 100 -meter dash runners. Fact. The world record is 9.9 seconds. A runner who is a double amputee ran the dash in 11.76 seconds, just 1.8 seconds off the world mark. Assumption: A person who is blind and has a missing right hand cannot perform a job as a machinist. Fact. The applicant lost his vision and right hand in Vietnam. He persuaded a community college to train him as a machinist and was finally given a job on a trial basis. From the very first day, he broke production records and caused others to do the same. His only modification was to move a lever from the right side of the machine to the left. Assumption: It is unlikely that a man whose right leg is amputated six inches above the knee can perform the duties of a warehouseman that require loading and unloading trucks, standing, lifting, bending, and delivering supplies to various sections as needed. Fact. A person with this type of amputation was hired to work in a paper warehouse. He performed the job without any modification. He worked out so well that the company moved him to operating heavy equipment. The company did not have to make any accommodations. He was able to climb ladders and the heavy equipment without any problems. This document can be made available in alternative formats by calling 541- 2690Noice or541 -2691 TTY.