Americans With Disabilities Act

Answer:

As a proficient Delaware County Employment Attorney, clients come to me all the time with questions about employers and what they can ask under the American with Disabilities Act.

If you currently have an employee or you’re thinking of hiring a new employee, there are certain things that you can ask an employee or applicant regarding disabilities and certain things you cannot ask.

You cannot ask an applicant if he or she has a disability. If there is an apparent disability or the disability is disclosed to you, what you are allowed to ask as the employer is whether the employee or applicant will be able to perform the essential job functions with or without a reasonable accommodation. You can also ask for a detailed explanation as to how the applicant will be able to perform those job functions with or without the reasonable accommodation.

If you already have an employee who is suffering from a disability, you can only request information regarding the disability if it is job-related. If it is, you can request a medical examination, but it must be related to the job. You can’t then discriminate or make an employment determination based on that disability unless there is a finding that the employee can no longer perform the essential job functions with or without a reasonable accommodation.

This educational blog was brought to you by experienced Employment Attorney Paul Fellman. Our law firm proudly represents clients throughout Delaware County, as well as Pennsylvania, and New Jersey.

If you have any questions about what an employer can ask under the American with Disabilities Act, please contact our Delaware County Employment Attorneys for a free case evaluation. Let our knowledge work for you.