Chatroom Log
2-21-06

Can an employer ask about an applicant's perceived disability prior to 
the applicant's disclosure? 
PA: Yes, the employer can ask about disability if their perception 
indicates that the person may not be able to perform specific job tasks 

Cheryl: I missed the part where we convert the acknowledge concern into 
a question...can you provide me with another example? 
PA: Here's an example "So it seems as if you are considered that this  
person's lack of vision will prevent them from doing work on the  
computer. Is that right?"
 
Sallaire: Any thoughts on how a person who isn't sure if her disability 
is visible should handle a job interview? 
PA: You should be the dry run on helping that person to decide whether 
or not their disability is "visible". If it is visible to you then it's  
visible to the employer. I would suggest that you role play with them. 

Tony: Does disclosure of a disability on an electronic application so 
employer can qualify for WOTC meet legal standard of disclosure. If so, 
would that employer be liable for providing "reasonable accommodation" 
if applicant were hired? 
PA: On electronic disclosure for tax credits, this should be a question 
that is optional for answering electronically. If it's optional it 
allows the employer to apply for tax credits.
PA: Part 2 of that question...ADA says an employer is required to 
consider accommodations when they "know" the person has a disability. 
There is probably not enough info on electronic apps to require 
accommodation on a job.
 
Sallaire: I wasn't sure about the online application situation. Can an 
employer ask at that time? Could the employer 'offer the opportunity to 
disclose' and if the person chooses not to respond that would be a 'tip 
off'?
PA: It may be a tip off, but usually this disclosure section includes 
other target groups besides disability.
 
Tony says to Randi: Even if such disclosure revealed the applicant was 
referred by Vocational Rehabilitation? 
PA:I have not seen on electronic apps where an employer ever asks for  
referral source.
 
Tricia: In my two years working with persons with disabilities, I was 
told repeatedly that when I disclose, I should NEVER tell employers 
of  WHAT the disability is. Is it ok to disclose their actual 
disability? 
PA: If you have permission , you can disclose the disability. If your 
consumer needs accommodations, "somebody" MUST be able to show  
evidence of the need. 
 
Randi: How easy is it to find out what the essential functions of a job  
include, they are not always on the job description.

PA: The easiest way to find out essential functions is to know how ADA  
defines them, and ask those questions of the employer. 
Randi:  I know a fork lift driver who is deaf, drove a fork lift for 
years, but also know of businesses that have a blanket policy that a 
person who is deaf cannot drive a forklift. 
PA: I suggest you give examples when you market this person and that 
you be aware OSHA mandates and how to accommodate for those mandates. 

Randi: How can I determine if hearing is truly an essential function of 
the job?
PA: Ask to observe an employee performing the job tasks. 
 
Randi: And if they refuse? 
PA : If the employer refuses it's a show stopper, you can't go forward 
in  knowing whether or not hearing is an essential function. 
 
Tony says to Randi : One of my clients completed an electronic 
application where employer asked if applicant was referred by VR as a 
means to qualify for WOTC. To me, this is a full disclosure of a 
disability since someone can't qualify for VR services without such 
disability.  
 
Sallaire : In slide 8, you mention accommodations not necessary to 
...access to company benefits. Can you give an example of situation 
where person needs accommodations to access benefits? 
PA : If a person is mentally ill, and needs to take inordinate amount 
of meds it will be important to know the limits on the health 
insurance. To be sure, your job candidate has the coverage they need, 
you need to ask. 
 
Sallaire: Could expanded coverage be an accommodation? 
PA : Expanded coverage can be an accommodation, but it can also be 
considered as unreasonable or undue burden by an employer. It would not 
be required in my opinion. 
 
Randi: Related question, suppose the consumer decides not to disclose? 
PA : If consumer doesn't disclose, it's a show stopper if 
accommodations are needed in any phase of the hiring process. 
 
Randi: Maybe the employer doesn’t know better, and asks a  
direct question like "are you disabled"? 
PA : What a great opportunity to generically educate the employer about 
"how to stay out of trouble with the law". Remember we are not in the  
compliant business.

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