ADA question

FJN

I have a very frustrated supervisor that I'm trying to educate about the ADA. Our situation is that some employees will have to wear a respirator for their jobs. After they're hired, they have to undergo a review for respirator clearance. Two employees have failed and we feel we've wasted time and money in hiring and training them, only to find out they won't be cleared for the respirator. Is there anything we can do pre-hire to prevent this, other than telling the applicants during the interview that they will have to pass this clearance?

Terri Cheek

You can tell people at the interview stage that they will have to be cleared for respirator use, explain what that will entail, and ask if they will be able to satisfy the requirement. What you can't do, of course, is ask if they have any medical conditions that would preclude their qualifying for respirator use. Also, you can't ask them to submit to a medical examination on a pre-hire basis.

System

The ADA allows you to make a conditional job offer to applicants. If they pass the physical exam, the job is theirs. If they fail, you withdraw the job offer. (If their medical problem is serious enough to be a disability, you must see if you can reasonably accommodate the disability before you withdraw the job offer.)

You'll still lose the time and expense of the hiring process, but you'll save the expense of training them and paying their wages.

And you can ask applicants if they're able to meet all the essential job requirements, as Terri Cheek suggested. But, when you ask, remember to tell the applicant you're willing to make a reasonable accommodation, if needed.

CuriousG

I make all job offers conditional upon at least three (3) factors. 1) A satisfactory background investigation report, 2) verification of identify and right to work in the U.S. per the IRCA, and 3) any pre-placement medical examinations required for the position to be filled.

A respirator fit and capabilities test should be done as a part of a pre-placement medical exam, after your bona fide conditional offer of employment. Because of OSHA rules regarding proper fit and employee capaabilitles to use a respirator you do not have a lot of leeway in your search for an accomodation but you will still need to do a bona fide accomodations review in each case where a new employee fails his or her respirator exam.