During hiring, can I ask if you can lift?

HCA

I just reviewed the "fact sheet" provided by EEOC at [url]www.eeoc.gov/facts/jobapplicant.html[/url] and I'm a little concerned.

For our road crew job applicants, we always ask "Can you lift 50 lbs." This is because you are required to lift that amount in order to change your own blade on your truck.
I read questions in the fact sheet which are "prohibitted" and I'm concerned that our questions is to close to "Do you have asthma" or "Do you have a disability which would interfere with your ability to perform the job?"

I read in archives where Mr. Sokoloski informed that back injuries are not ADA. However, it was 2001. Is that still valid? Are we okay asking this question since it's part of the job duties or do I need to worry about just offering the job (without asking the question) and then making an accomodation to someone who can't lift? That makes no sense to me when it's a requirement for the job!

Don D

You can indeed ask the question. You can state the requirements of the job and ask, 'Can you perform the duties of the job as I have described them to you? As long as you ask the same question of all candidates or applicants.

It is not true that back conditions/problems are automatically not ADA protected. Disabilities are labels which result from an analysis of the inability of the body or mind to perform certain vital functions, not the area of the body that is affected by an injury or condition.

HCA

Thank you very much.

System

Don's right - run-of-the-mill bad backs aren't ADA but serious back problems can be. And, yes, I think you can ask about essential job functions like lifting.

But be prepared for an applicant who can't lift 50 pounds, and you don't know whether they're disabled. You'd have to do a song-and-dance where you don't ask them for medical information, but tell them that lifting 50 is essential, but you'd make reasonable accommodations if it's because of a disability.

If you're an Employment Law Letter subscriber, you can find lotsa articles in the Subscribers Area of this website:
[url]http://www.hrhero.com/lc/[/url]

Good luck.

James Sokolowski
HRhero.com

Don D

Although it was a violation at first, now we are allowed to enter into a discussion or pursue the issue if the applicant self-discloses what may be a disability. When the act first passed we had to pretend the information flew right over our heads. Now we can ask for clarification if the applicants brings it up.

I'm no lawyer, but if the applicant said to me, 'Yes, I can lift that much with accommodation', I would ask them what sort of accommodation they are asking for. I would also think it appropriate to tell them, "Accommodation in the employment context, is a legal term associated typically with the existence of a disability. Are you disclosing to me that you have a disability that might affect your qualifications for this position?" I don't think ADA intended us to roll the dice and hire people with no knowledge of or appreciation for what it might take to make the arrangement work mutually.