|Feb. 21, 2019 | www.fisherphillips.com|
Most employers understand their fundamental obligations under the Americans with Disabilities Act (ADA) to protect against disability discrimination and to provide reasonable accommodations to qualified disabled employees, enabling them to perform essential functions of their jobs. But these obligations continue to confuse employers in practice, especially when it comes to hiring.
Employers want to make sure the person they hire can actually perform the job, but often don’t know how to obtain the information necessary to make this assessment without violating the law. A lawsuit recently filed by the EEOC against the owner and operator of a nursing home illustrates how the ADA can impact the hiring process, and reinforces the need to familiarize those involved in hiring with the requirements of the ADA.