10 Steps to Increase Compliance
with Title I of the ADA
Source: Title I of the Americans with Disabilities Act: A Handbook for Employers
- Revise, update or develop job descriptions.
These are essential in demonstrating what the essential functions of a specific job are. Ensure that the essential functions are Basic, Necessary and Integral.
- Review job standards criteria.
Utilize only those standards which are in fact essential to completing a job. Criteria such as lifting, hearing or seeing often have the effect of eliminating individuals with disabilities from being considered for employment opportunities.
- Review PRE and POST employment medical examination policies.
Remember that medical examinations are prohibited until after you have made a job offer to the applicant. There are no exceptions. Employment can be contingent on the applicant's passing the medical examination and you must require medical examinations of all applicants. You cannot selectively give examinations to some and not to others.
- Review, revise or develop applications and other forms.
If a question is illegal to ask in an interview, then it is also illegal to pose the question in writing. Any question which refers to an applicant's physical or mental condition prior to a job offer could result in a violation of the ADA.
- Train your Human Resource Staff, especially your interviewers.
Well trained interviewers are better prepared to make successful matches between qualified applicants and job openings. Their enhanced understanding of disability and ADA requirements will help to facilitate Title I compliance.
- Avoid making medical judgments.
Decisions must be made based on the person's ability to perform essential functions. They cannot be based on perceptions or beliefs that the individual with a disability will be unable to do the job.
- Centralize your applicant screening system.
By using consistent standards and practices with all managers, supervisors, and HR personnel with this responsibility, you will increase the likelihood of successful compliance with the Title I provisions.
- Review, Revise or Develop a policy for maintaining and disclosing confidential medical information. Separate, confidential files containing medical records should be developed and maintained.
- Modify testing procedures.
Examine current testing procedures to see if modification is needed. Insure access is in place for all applicants or candidates for promotion.
- Train all managers and supervisors in reasonable accommodations.
Managers and supervisors are a direct line link to the successful integration of persons with disabilities. Their knowledge and expertise combined with the worker's involvement in the process will make for positive and impactful changes. Open and clear communication is also essential for the process to be successful.
The Career Initiatives Project, Keene State College, Keene, NH