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.
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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.
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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.
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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.
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