How Are Recruiters Affected By The Americans With Disabilities Act?

1.     The ADA defines a person as having a disability if they have 1) a physical or mental impairment that substantially limits a major life activity, 2) has a record of a substantially limiting impairment, or 3) is perceived by an employer as having a substantially limiting impairment.

2.     It is unlawful for the recruiter to ask the job candidate if he/she is disabled, how severe that disability is or to require a medical examination before making a job offer.

3.     The recruiter is required to provide reasonable accommodations to the disabled job candidate. For example, if a job candidate is deaf you may need to provide an interpreter. However, the job candidate must make this request to you directly and must provide a reasonable amount of time for you to make the accommodations.

4.     The recruiter cannot prevent the disabled job candidate from applying for the job because of his/her disability.

A final word on interviews: Even if a recruiter is simply conducting a pre-screening interview with the job candidate before sending them to the employer, they need to use caution. Avoid asking questions such as:

How often did you take sick days at your former job?

Have you ever been injured on a job?

Are you taking any prescription medication?

Do you have a disability that would interfere with your ability to perform this job?

And finally, the really trick one: Do you have a disability that requires accommodations for the interview?