As a dedicated Media Employment Attorney, clients come to me all the time with questions about employers and what they can ask under the Americans 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 as the employer allowed to ask is whether or not 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 have an employee already who is suffering from a disability, you can only request information regarding the disability if it is job related and then you can request a medical examination, but it has to 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.
If you have any questions about what an employer can ask under the Americans with Disabilities Act, please contact our Media Employment Attorneys for a free case evaluation.
This educational blog was brought to you by experienced Employment Attorney Paul Fellman. Our law firm proudly represents clients throughout Media, as well as Pennsylvania, and New Jersey.