Avoid speculation about reasonable job accommodations during application process


Issue:

You are impressed with Andy’s resume and contact him to come in for an interview. Andy, who is deaf, requests a sign language interpreter for the interview, leading you to believe that you’ll have to provide a full-time interpreter if you hire Andy. Can you cancel the interview and refuse to further consider Andy for the position?

Answer:    

No. Even if an employer believes that it will be unable to provide an applicant with a reasonable accommodation on the job, the employer must provide a reasonable accommodation to a qualified applicant with a disability unless it can show undue hardship.

Individuals with disabilities who meet initial requirements to be considered for a job should not be excluded from the application process because the employer speculates, based on a request for reasonable accommodation for the application process, that it will be unable to provide the individual with reasonable accommodation to perform the job. In many instances, employers will be unable to determine whether an individual needs reasonable accommodation to perform a job based solely on a request for accommodation during the application process. And even if an individual will need reasonable accommodation to perform the job, it may not be the same type or degree of accommodation that is needed for the application process. Employers should assess the need for accommodations for the application process separately from those that may be needed to perform the job.

You should proceed with the interview, using a sign language interpreter (absent undue hardship) and, at the interview, inquire to what extent Andy would need a sign language interpreter to perform any essential functions requiring communication with other people.

Source: EEOC Enforcement Guidance on Reasonable Accommodation and Undue Hardship under the Americans with Disabilities Act, Question 13, October 17, 2002; reproduced at Human Resources Management Equal Employment Opportunity ¶10,115.

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