Disability Accommodation During Selection

There always is a lot of confusion pertaining to what an employer’s obligation may be when it comes to someone who is disabled and seemingly unable to perform the job available, including when considering someone with a disability for a position. The Americans with Disabilities Act (ADA) has several areas that are vague and non-specific, leaving the employer to make judgment calls. As a result, it is imperative to not dismiss a candidate’s viability for a slot due to disability, instead consulting an expert on your legal obligations and options. Generally speaking, the ADA calls for employers to make a “reasonable accommodation” for an employee so that they may perform their role. To that end, a business may need to provide a lifting device to someone wheelchair bound for a warehouse job that requires the lifting and placement of boxes. What’s not 100% clear is how small a business needs to be before the burden to make such a purchase is too great and therefore considered an unreasonable accommodation. Bottom line – seek out expert advice.