When do you ask?

Always Learning in OR

I would like to know how most folks handle the job description reading and "Are you able to do the job as described here?" question? What wording do you use to ask? Do you say "with or without accomodation?" Any other pointers? Pitfalls I can learn from?

LindaS

If it is an applicant, I go through the physical aspects of the job description with them when I am going through the rest of the job duties. I ask them if there would be any issues with completing any part of the job duties. If they say "no", I go on to the next part of the interview. If they say, "yes" I ask them to explain and to tell me what type of accomodations they would need to perform them. Once they have gone through with that (I make sure to document), I inform them I will look at the job duties to determine if there is any way to accomodate.

Hatchetman

[font size="1" color="#FF0000"]LAST EDITED ON 08-04-03 AT 04:03PM (CST)[/font][p]If it's during the interview, and you're the interviewer, what about or saying, "please describe how you would preform the essential duties of the job"? Or if it makes sense, have the candidate actually perform an essential duty of the job during the interview.

You may ask this question of a candidate who has an obvious disability or who has disclosed a hidden disability if either one would apparently impact the indivdual's ability to do the job. You don't need to ask the question of all candidates as long as you restrict it to the candidates with obvious or disclosed job-related disabilities: "are you able to perform the essential duties of the job with or without reasonable accommodation?" As an interview quesiton, unless you have that follow up for the candidate to describe or demonstrate performance of essential duties, it's a poor question.

Always Learning in OR

Hatchetman,

Thank you for clarifying that. I was under the impression that I had to ask that question of all applicants if I asked it of any. Makes much more sense to go with obvious or disclosed.

alio

Hatchetman

[font size="1" color="#FF0000"]LAST EDITED ON 08-04-03 AT 06:01PM (CST)[/font][p]At one point that was EEOC's policy. If you asked that quesiton of one candidate, you then had to ask it of all. But, in the mid-90's it changed position and permitted the question being asked of obviously disabled candidates or candidates who disclosed disabilities without having to ask all candidates.

From EEOC's Guidance on Pre-Employment Disability Related Questions:

"May an employer ask a particular applicant to describe or demonstrate how s/he would perform the job, if other applicants aren't asked to do this?

When an employer could reasonably believe that an applicant will not be able to perform a job function because of a known disability, the employer may ask that particular applicant to describe or demonstrate how s/he would perform the function. An applicant's disability would be a "known disability" either because it is obvious (for example, the applicant uses a wheelchair), or because the applicant has voluntarily disclosed that s/he has a hidden disability."

[url]http://www.eeoc.gov/docs/preemp.html[/url]

jampc

A follow-up question. How does the interactive process begin with an existing employee. Who must initiate the discussion? Is it the employee or employer's responsibility? Thanks in advance.