Hiring and the ADA

2406663 · November 2003

Please share your thoughts and/or experiences on this -
What does an applicant need to disclose during the interview process regarding physical limitations? Ie. someone hired someone who was physically disabled (in a wheelchair) to perform secretarial duties. This employee could perform the essential functions of their job, however she did not inform her supervisor that she would require assistance going to the restroom. She requires complete assistance such as removal of clothing and being lifted on/off the toilet.
This question came up during a harassment training that was presented - fortunately not a current situation. Please share your wonderful wisdom!

rad · November 2003

That is not a reasonable accomodation. I was presented with a similar case study where work stations were raised somewhat and a person in a wheel chair said she could work at the station if some one picked her up and put her in the chair (it could not be lowered). That was found not reasonable and potentially puts another employee at risk for injury.

Did your scenario come with a resolution? I'm curious.

2406663 · November 2003

Thanks for your input Rad. Fortunately, this person was hired for a short term position.

Don D · November 2003

What was your resolution? Even short term she would have to use the restroom, would she not? The accommodation is still unreasonable.

Hatchetman · November 2003

[font size="1" color="#FF0000"]LAST EDITED ON 11-05-03 AT 00:23AM (CST)[/font][p]Personal attendants are not considered reasonable accommodations under Title I of ADA. Thus, there is no obligation on the part of the individual to inform the employer if he couldn't use the restroom facilities because of his or her disability if a personal attendant was needed in order for the individual to use the restroom. That would be up to the employee to provide. The inquiry as it relates to obvious or disclosed disabilities is whether the employee is able to perform the essential duties of the job with or without reasonable accommodation or to receive the benefits and privileges of the job that similarly-situated, non-disabled individuals receive. It doesn't sound like there is any need for reasonable accommodation to allow the employee to perform the essential duties of the job.

Depending on circumstances, however, altering the restroom, could be. The restrooms in the company building probably fall under "ADA Accessibility Guidelines for Buildings and Facilities" requirements for "barrier removal."

2406663 · November 2003

Unfortunately, the supervisor in this case was afraid to do anything because the individual was disabled. They were burdened with providing assistance to her .

I understand that this is not considered a reasonable accomodation, however if an individual is not required to disclose such information upon interviewing/hiring then what can an employer do? Can they legally terminate based on this?
HR is such a dilemma ridden profession............

Hatchetman · November 2003

[font size="1" color="#FF0000"]LAST EDITED ON 11-05-03 AT 06:03PM (CST)[/font][p]It's irrelevant now whether she identified a toileting problem or not at the time of the interview. The company knows now that she is disabled and needs some form of reasonable accommodation.

Talk to the employee.

You don't have to provide a personal attendant but perhaps there are REASONBABLE accommodations that can be worked out. Check out the Job Accommodation Network in West Virginia. It's on the internet. They may have some ideas for this type of situation.

Try that approach before going down the dischrge route. And make sure your building and restrooms are in compliance with ADAAG.

Also, just as a matter of curiosity, if you did discharge the employee, what would you charge her with?

Hiring and the ADA

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