by Beverly Aarons
10. February 2009 09:02
On January 1, 2009 sweeping changes took place to the Americans with Disabilities Act that broadened the definition of who is considered disabled. Under the new rules, more workers will be defined as disabled and will be allowed accommodation for their disability under the law. For example, previously a person with diabetes whose condition was regulated by medication was usually not considered disabled; but now the law does not consider the use of medication, prosthetics, hearing aids etc. when considering someone disabled. The only exceptions are those who use eyeglasses or contact lenses. These changes may require recruiters to alter job descriptions or the interviewing environment.
For example, many job descriptions already list physical requirements of a job (i.e. lifting 50 lbs, standing for long hours); but they fail to list the mental requirements of a job. If a job is high stress, requires attention to detail, or long hours of unbroken focus this should be noted in the job description. It is important to list the mental requirements of a job because the law does not allow the recruiter to directly ask about a disability. But the recruiter can ask "Are you able to focus for long periods of time on a given task" if it is listed in the job description as a requirement.
Because the Americans with Disabilities Act covers mental disabilities as well as physical disabilities, those with mental disorders may be entitled to accommodation during the interview process. So if someone with ADD requested a quiet place to fill out a job application, a recruiter would be required to accommodate that person. Recruiters who are unsure about the requirements of the new amendment should speak with a labor attorney.
(source: http://www.laborlawyers.com/shownews.aspx?Meet-the-New-ADA:-Massive-Changes-Ahead-for-Nations-Employers&Ref=list&Type=1122&Show=10879)