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- No. The ADA is a nondiscrimination law. It does not require employers to undertake special activities to recruit people with disabilities. However, it is consistent with the purpose of the ADA for employers to expand their "outreach" to sources of qualified candidates with disabilities.
People also ask
Do employers have to provide reasonable accommodations?
What if an employee cannot perform a job without reasonable accommodations?
What is considered a reasonable accommodation under the EEOC?
Do employees with disabilities have a duty to provide reasonable accommodation?
An employer's obligation to provide reasonable accommodation applies only to known physical or mental limitations. However, this does not mean that an applicant or employee must always inform you of a disability.
- Myth: The ADA forces employers to hire unqualified individuals with disabilities.
- Fact: Applicants who are unqualified for a job cannot claim discrimination under the ADA. Under the ADA, to be protected from discrimination in hiring, an individual with a disability must be qualified, which means he or she must meet all requirements for a job and be able to perform its essential functions with or without reasonable accommodations.
- Myth: When there are several qualified applicants for a job and one has a disability, the ADA requires the employer to hire that person.
- Fact: An employer is always free to hire the applicant of its choosing as long as the decision is not based on disability. If two people apply for a data entry position for which both speed and accuracy are required, the employer may hire the person with the higher speed and level of accuracy, because he or she is the most qualified.
The focus of this guide is Title I of the ADA, which prohibits discrimination in employment and requires employers to provide reasonable accommodations for employees with disabilities. For more information about Title I of the ADA, see JAN's ADA Library. Who must comply with Title I of the ADA?
Under the Americans with Disabilities Act, employers who have 15 or more employees are usually required to provide reasonable accommodations. Some state and local laws may require that employers with fewer employees provide reasonable accommodations. Reasonable accommodations comes in many forms.
Does an employer always have to grant a reasonable accommodation request? No. An employer is not required to make an accommodation if it would impose an undue hardship on the operation of the employer's business.
Oct 16, 2023 · An employer's obligation includes making reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability. The ADA provides an exception for accommodations if it would cause undue hardship to the employer's business.
