Discuss how reasonable accommodation is made when managing

Discuss how reasonable accommodation is made when managing

EQUAL EMPLOYMENT OPPORTUNITY
Learning Objectives
After students have read this chapter, theyshould be able to:
Describe key provisions in Title VII of the Civil Rights Acts of1964 and 1991
Show how women are affected by pay, job assignment, and careerissues in organizations.
Define the two types of sexual harassment and how employers shouldrespond to sexual harassment complaints.
Identify two means that organizations are using to deal with theaging of their workforces.
Discuss how reasonable accommodation is made when managingindividuals with disabilities and differing religious beliefs.
Evaluate several arguments supporting and opposing affirmativeaction.
Explain diversity management and discuss why diversity training isimportant.
CHAPTER 3: EQUAL EMPLOYMENT OPPORTUNITY
ChapterOverview
This chapter explores the concept of equal employmentopportunity. It first briefly describesthe history of Equal Employment Opportunity (EEO) in the United States and explainsprotected categories, disparate treatment, and disparate impact. Thenadditional EEO concepts such as business necessity and job relatedness, bonafide occupational qualification (BFOQ), burden of proof, and non-retaliatorypractices are discussed.
Next the chapter covers the provisions of the following federal lawsthat forbid discrimination in employment and/or require affirmativeaction: Title VII of the Civil RightsAct of 1964, Executive Orders 11246, 11375, 11478, and the Civil Rights Act of1991. Also issues around managing racial issues and racial harassment areincluded. Affirmative action and affirmative action plans are explained and thedebate about affirmative action is included.
Then discrimination laws and issues dealing with sex and gender areexplored. This discussion includes the topics of pregnancy discrimination,equal pay, and sexual harassment. Issues dealing with individuals withdiffering sexual orientations, nepotism, and consensual relationships at workare also presented. The section ends with a discussion of sexual harassmentincluding the different types of sexual harassment, employer responses,liability, and harassment likelihood.
The next section deals with discrimination and issues surroundingindividuals with disabilities. The Americans with Disabilities Act (ADA) isdiscussed including the definition of disabled, mental disabilities, andamendments to ADA included in ADAAA. Genetic bias regulations including theGenetic Information non-Discrimination Act (GINA) are presented. The sectionends with a discussion of managing disabilities in the workforce includingcommon means of reasonable accommodation.
The next section covers age discrimination and discusses the majorlaws, the Age Discrimination in Employment Act (ADEA) and the Older WorkersBenefit Protection Act (OWBPA), and how to manage age discrimination issues.Then religion and spirituality diversity issues are presented followed byinformation regarding other discrimination issues including immigration reform,language issues, military status, sexual orientation, appearance, and familyresponsibility discrimination (FRD).
The chapter concludes with coverage of diversity training includingthe components of diversity training, mixed results, and the backlash againstthis type of training.
Chapter Outline
HRHeadline: Sexual Harassment at theUnited NationsThe United Nations (UN) is strugglingwith sexual harassment complaints among its global staff of around 60,000people around the world. Since many UN managers have diplomatic immunitythe organizations internal justice system is the only one employees canuse. However, the system was set up in 1946 and employs a bewilderingarray of channels and processes that has resulted in many harassment casesnot being settled to anyones satisfaction. Often, when someone complainstheir employment contract is not renewed when their current contractexpires and the case is ended.
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In the U.S., using race, gender, disability, age, religion, andcertain other non-job related characteristics as the basis for making workplace decisions is generally illegal. Doing so can be quite expensive as finesand back wages can be awarded as well as sizable law suit settlements. It wasthe Civil Rights Act of 1964 that started a legislative movement towardleveling the playing field in employment. Initially focused on race, gender,and religion other characteristics such as age, pregnancy, and disabilitieswere added. Perhaps nothing has had the impact of Equal Employment Opportunity(EEO) on HR during the same period of time. Employers have paid (and continueto pay) large amounts for violating EEO laws.
I. NATURE OF EQUAL EMPLOYMENT OPPORTUNITY (EEO)
Discrimination, which simply means recognizing differences among items or people,may be either legal or illegal. Inemployee selection, employers intentionally and legally discriminateagainst those who are less qualified than others for specific jobopenings. Laws have been passed toprotect individuals who share certain characteristics, such as race, age, orgender. Various federal, state, and/orlocal laws have extended protection to the following:
Race, ethnic origin, color(including multi-race/ethnic backgrounds)
Sex/Gender (including pregnantwomen)
Age (individuals over age 40)
Individuals with physical ormental disabilities
Military experience (militarystatus and Vietnam-era veterans)
Religion (special beliefs andpractices)
Marital status (some states)
Sexual orientation (some statesand cities)Those individuals within a group identified for protection underequal employment laws and regulations are known as members of a protected category. Figure3-1 shows the two types of illegal employment discrimination: DisparateTreatment and Disparate Impact.
A.Disparate Treatment Certain categories of discrimination may be illegal in theemployment situation where either (1) different standards are used to judgedifferent individuals, or (2) the same standard is used, but it is not relatedto the individuals jobs.Disparatetreatment occurs when members of a protected category are treateddifferently from others.
B. Disparate Impact-Disparate impact occurs when membersof a protected category are substantially underrepresented as a result ofemployment decisions that work to their disadvantage. The landmark case thatestablished the importance of disparate impact as a legal foundation of EEO lawis Griggs v. Duke Power (1971). TheSupreme Court established two major points: 1) It is not enough to show a lackof discriminator intent if the employment tool results in a disparate impactand 2) The employer has the burden of proving that an employment requirement isdirectly job related as a business necessity. Consequently, the intelligencetest and high school diploma requirements of Duke Power were ruled not to berelated to the job. The courts have made it clear that employers must be ableto statistically prove that disparate treatment and disparate impact has notoccurred. See Appendix E for information related to these issues.
LOGGING ON: EqualEmployment Opportunity Commission this websiteprovides details on employment discrimination facts, enforcement statistics,and technical assistance programs .eeoc.gov/”>www.eeoc.gov
C. Equal Employment Opportunity Concepts There are fourkey EEO concepts (see Figure 3-2) thathave evolved as a result of court decisions, laws, and regulatory actions toclarify how disparate impact and treatment are interpreted.
1.Business Necessity and JobRelatedness –Abusiness necessity is a practice necessary for safe and efficientorganizational operations. Educational requirements are often based on businessnecessity; however, the employer must be able to defend the minimum level ofeducation requirement as essential to the performance of the job. In Washington v. Davis the Supreme Court ruledthat a clearly job-related test is notillegal simply because a greater percentage of minorities or women do notpass it.
2.Bona Fide OccupationalQualification (BFOQ) Title VII has a provisionthat specifically states that employers may discriminate on the basis of sex,religion, or national origin if the characteristic can be justified as a bona fide occupational qualification (BFOQ). Thus, a BFOQ is a characteristic providing alegitimate reason why an employer can exclude persons on otherwise illegalbases of consideration. What constitutesa BFOQ has resulted in differing opinions in a number of court cases. HiringAsians as wait staff in a Chinese restaurant and hiring Catholics to serve incertain religious-based positions in Catholic churches have been legal uses ofBFOQ.
3.Burden of Proof – Burden of proof iswhat the individuals filing suit against employers must be able to prove toestablish the existence of illegal discrimination. In EEO cases, the plaintiffmust be a protected-category memberand prove that either disparate impactor disparate treatment existed. Oncea court rules that a preliminarycasehas been made, the burden of proof shifts to the employer. The employer thenmust show that the bases for making employment-related decisions werespecifically job related and consistent with considerations of businessnecessity.
4.Non-Retaliation Employers are prohibited by EEO laws from retaliating againstindividuals who file discrimination charges. Retaliation occurs when employers take punitive actions againstindividuals who exercise their legal rights. This includes making a charge,testifying, assisting, or participating in any manner in any investigation,proceedings, or hearing. To avoid retaliation employers should train supervisorson what is retaliation, conduct a thorough internal investigation of anyclaims, and take appropriate action when any retaliation occurs.
D. Progressing TowardEqual Employment Opportunity – Even though there is disagreement on thebest way to achieve equal employment opportunity, there seems to be littledisagreement that equal employment (employmentthat is not affected by illegal discrimination) is the goal. One approach is a blind to differences approach thatargues differences among people should be ignored and everyone should be treatedequally. The second common approach is affirmativeaction where employers are urged to hire groups of people based on theirrace, age, gender or national origin to make up for historical discrimination.
The HR Perspective describes an example of one age discriminationcase where the organization did not conduct a very thorough investigation ofthe claim.
HR Perspective: OfficerDirtWhen a former police officersuggested age discrimination was involved in his dismissal the Kansas City PDinvestigated and decided to fight the case. It appears their investigation wasnot very thorough. A jury awarded the former police officer called OfficerDirt (because he was Older than Dirt) $700,000 in actual damages and $2million in punitive damages. Some important lessons from this case are 1) bethorough in the investigation and 2) dont demonize the claimant. Other employees are watching how you handlethe former employees claim and you want the current employees to believe youare doing the right thing.
Questions for Discussion:1.What can an employer do to reduce the number of age discriminationclaims?2.Often older workers are the most satisfied and have the lowestabsenteeism and turnover rates. Why do you think this would be true? Why isthis important for an employer?3.Why do you think the number of age discrimination claims is increasing?Do you think it will continue to increase as the workforce ages? Why or whynot.
II. RACE/ETHNIC/NATIONAL ORIGIN – Numerousfederal, state, and local laws address equal employment opportunityconcerns.
A. Civil Rights Act of1964, Title VII forbids employment discrimination on the basis of race,color, religion, sex, or national origin.It was passed in part to bring about equality in all employment-relateddecisions. The Equal Employment Opportunity Commission (EEOC) enforces theprovisions of Title VII.
1. Title VII Coverage– Most employers in the United States must comply with the provisions of TitleVII. Compliance extends to all private employers of 15 or more persons who areemployed 20 or more weeks per year, all educational institutions, state andlocal governments, public and private employment agencies, labor unions with 15or more members, and joint labor/management committees for apprenticeships andtraining. In 1980, the law was extended to include sexual harassment.
B. Executive Orders11246, 11375, and 11478 require that employers holding federal governmentcontracts not discriminate on the basis of race, color, religion, nationalorigin, or sex. Many states have similar requirements for firms with stategovernment contracts. An Executive Order is issued by thePresident of the United States to provide direction to government departmentson a specific area. These executiveorders are enforced by the Office of Federal Contract Programs (OFCCP) in theU.S. Department of Labor. Many states have similar requirements for firms withstate government contracts.
C. Civil Rights Act of1991 – This act established important legal requirements for both employersand employees in EEO cases. Employersmust show that a challenged employment practice is job related for the position and is consistent with business necessity. Plaintiffs bringingdiscrimination charges must identify the particular employment practice beingchallenged and must show that protected-class status played some role in the employers action. Foremployers, this requirement means that an individuals race, color, religion,sex, or national origin must play no rolein their employment practices. The act allows people who have been targetsof intentional discrimination based on sex, religion, or disability to receiveboth compensatory and punitive damages. One key provision of the 1991 Actrelates to how U.S. laws on EEO are applied globally.
D. Managing Racial andNational Origin Issues Employment discrimination can occur in numerousways, from refusal to hire someone because of race/ethnicity to treatment ofthose protected category employees. Sometimes racial discrimination can be moresubtle such as using social networking sites to fill open positions when only5% of LinkedIn users are Black and 2% are Hispanic. Discriminating againstsomeone because of skin color is just as illegal as discriminating based onrace. For example, if you select a light-skinned African American overdark-skinned African Americans.
1. Racial/EthnicHarassment It is recommended that employers adopt policies againstharassment of any type, including ethnic jokes, vulgar epithets, racial slurs,and physical actions. Management should quickly conduct an investigation of anyincidents and take corrective and disciplinary actions against the offendingemployees.
E. Affirmative Action-Through affirmative action employers are urgedto hire groups of people based on their race, age, gender, or national origin,to make up for historical discrimination. Federal government contractors mustsubmit plans describing their attempts to narrow the gaps between thecomposition of their workforces and the composition of labor markets where theyobtain employees. But affirmative action has been the subject of numerous courtcases and an ongoing political and social debate in the US and globally.Supporters offer many reasons why affirmative action is important, whileopponents argue firmly against it. Figure3-3 shows the reasons given most frequently by both sides.
F. Managing AffirmativeAction Requirements – An affirmativeaction plan (AAP) is a formal document that an employer compiles annuallyfor submission to enforcement agencies. Generally, contractors with at least 50employees and $50,000 in government contracts annually must submit these plans.Courts have noted that any employer mayhave a voluntary AAP and some courtshave ordered employers to submit required AAPs because of past discriminatorypractices. Contents of an AAP and the policies flowing from it must beavailable for review by managers and supervisors within the organization. Plansvary in length and some are long and require extensive staff time to prepare.
1. Affirmative Action PlanMetrics – A crucial but time-consuming part of AAPs in the analyses. The availabilityanalysis identifies the number of protected-class members available to workin the appropriate labor markets in given jobs. Another major section is the utilization analysis, which identifiesthe number of protected-class members employed and the types of jobs they holdin an organization. Once all thedata have been analyzed and compared, then underutilizationstatistics must be calculated by comparing the workforce analyses with theutilization analysis. Using the underutilization data, goals and timetables for reducing the underutilization ofprotected-class individuals must then be identified. Actions will be describedto recruit, hire, promote, and train more protected-class individuals. Also,the AAP must be updated and reviewed each year to reflect changes. If an auditof an AAP is done by the OFCCP, the employer must provide additional detailsand documentation
LOGGING ON: TheAffirmative Action and Diversity Project aresource for opinions surrounding the issues of affirmative action and itscultural and economic aspects .aad.english.ucsb.edu/”>www.aad.english.ucsb.edu
III. SEX/GENDER DISCRIMINTION LAWS ANDREGULATIONS
A number of laws and regulations address discrimination on the basesof sex/gender. The inclusion of sex forprotected-class status in Title VII of the Civil Rights Act of 1964 has led tovarious areas of protection for women.
A. PregnancyDiscrimination – The Pregnancy Discrimination Act (PDA) of 1978 requiresthat any employer with 15 or more employees treat maternity leave the same asother personal or medical leaves. Closely related to the PDA is the Family andMedical Leave Act (FMLA) of 1993, which requires that individuals be given upto 12 weeks of family leave without pay and allowed to return to their jobs oncompletion of their leave (see Chapter 13 for details). The FMLA applies toboth men and women.
B. Equal Pay and PayEquity – The Equal Pay Act of 1963 requires employers to pay similar wagerates for similar work without regard to gender. The jobs at issue do not have to beidentical, but they must have a similar commoncore of tasks. The act does permitpay differentials based on (1) differences in seniority, (2) differences inperformance, (3) differences in quality and/or quantity of production, and (4)factors other than sex such as skill, effort, and working conditions. Asignificant U.S. Supreme Court decision on pay discrimination was Ledbetter v. Goodyear Tire and Rubber Co.This decision stated that the rights of workers to sue for previous years ofpaid discrimination are limited. However, in 2009 Congress passed the LillyLedbetter Fair Pay Actthat cancelledthe Supreme Court ruling. The new law effectively eliminates the statute oflimitations for employees to file pay discrimination claims.
Another pay-related theoryis pay equity(also known as comparableworth). This is the idea thatpay for jobs requiring comparable levels of knowledge, skill, and abilityshould be similar, even if actual job duties differ significantly. Except where state laws have mandated payequity for public-sector employees, U.S. federal courts generally have ruledthat the existence of pay differences between jobs held by women and jobs heldby men is not sufficient to prove that illegal discrimination has occurred.
A major reason for the development of the pay equity idea is thecontinuing gap between the earnings of women and men. For instance, in 2008 theaverage annual pay of full-time women workers was 80% of that of full-time menworkers. This is an increase from 60% in 1980 as shown in Figure 3-4.
C. Sexual Harassment-The EEOC has issued guidelines designed to curtail sexual harassment. Sexual harassment refers to actionsthat are sexually directed, are unwanted, and subject the worker to adverseemployment conditions or create a hostile work environment. Sexual harassment can occur between a bossand a subordinate, among co-workers, and when non-employees have businesscontacts with employees.
D. Managing Sex/GenderIssues The growth in the number of women in the workforce has led to moresex/gender issues related to jobs and careers. To guard against illegal payinequities under the Equal Pay Act, employers should follow these guidelines:
Include everything, includingbenefits, in the calculation of pay.
Make sure people know how thepay practices work.
Base pay on the value of jobsand performance.
Benchmark against local andnational markets
Check frequently for genderbased equity and fair pay
1. Nontraditional Jobs– Another result of an increasing number of women in the workforce is themovement of women into jobs traditionally held by men. The right of employers to reassign women fromhazardous jobs to others that may be lower paying because of health-relatedconcerns is another issue. The U.S. Supreme Court has ruled that such policiesas reproductive and fetal protection policies that apply only to women areillegal. Figure 3-5 shows some ofthe occupations in which women constitute high percentages and low percentagesof those employed.
2. The Glass CeilingWomens groups have alleged that women encounter a glass ceiling which refers to discriminatory practices that haveprevented women and other protected-class members from advancing toexecutive-level jobs. Women have continued to make strides; however, women holdonly a small percentage of the highest-ranking executive management jobs in bigcompanies. By comparison, women hold much lower percentages of the same kindsof jobs in France, Germany, Brazil, and many other global countries. A relatedproblem is that women have tended to advance to senior management positions ina limited number of functional areas, such as human resources or corporatecommunications, rather than in such areas as operations, sales, orfinance. Limits that keep women fromprogressing in certain fields have been referred to as glass walls or glasselevators.
3. Breaking the GlassSome of the most common means used by employers to break the glass are asfollows:
Establishing formal mentoringprograms for women and racial/ethnic minorities.
Providing career rotationopportunities into operations, marketing, and sales for individuals who haveshown talent in accounting, human resources, and other areas.
Increasing top management andBoard of Directors memberships to include women and individuals of color.
Establishing clear goals forretention and progression of protected-class individuals and holding managersaccountable for achieving these goals.
Allowing for alternative workarrangements for employees, particularly those balancing work familywork/family responsibilities.
E. Individuals withDiffering Sexual Orientations At present only a few cities and stateshave laws that protect individuals with differing lifestyles or sexualorientations from employment discrimination. Regarding individuals who have hadsex-change surgery, federal court cases and the EEOC have ruled that sexdiscrimination under Title VII applies to a persons gender at birth and doesnot apply to the new gender. Issues that arise at work on sexual orientation orsex change include the reactions of co-workers and managers and ensuring thatsuch individuals are evaluated fairly and not discriminated against in workassignments, raises, training, or promotions
F. Nepotism – Manyemployers have policies that restrict or prohibit nepotism, the practice of allowing relatives to work for the sameemployer. Other employers require only that relatives not work directly for orwith each other or be placed in a position where potential conflicts couldoccur. The courts have generally upheld anti-nepotism policies in spite of theconcern that they tend to discriminate against women more than men (becausewomen tend to be denied employment or leave employers more often as a result ofmarriage to other employees).
G. Consensual Relationshipsand Romance at Work Employers must determine whether or not they shouldattempt to regulate romantic relationships between employees. Most executives,HR professionals, and employees agree that workplace romances are risky becausethey have great potential for causing conflict. They strongly agree thatromance must not take place between a supervisor and a subordinate.
H. Dealing with SexualHarassment Sexual harassment is a significant concern in manyorganizations. As shown in Figure 3-6, individuals in manydifferent roles can be sexual harassers. The most frequent type of sexualharassment involves a male in a supervisor or managerial position who harassesa woman with his power structure. Harassmentof men by women and same sex harassment have also occurred. Court decisions have held that a personssexual orientation neither provides nor precludes a claim of sexual harassmentuntil Title VII.
I. Types of SexualHarassment Two basic types of sexual harassment have been defined by EEOCregulations and by the courts:
Quid pro quo is harassment in whichemployment outcomes are linked to the individuals granting sexual favors.
Hostile environment harassment existswhen an individuals work performance or psychological well being isunreasonably affected by intimidating or offensive working conditions.
In the quid pro quotype, an employee may be told he or she may get promoted, receive a specialraise, or be given a desirable work assignment, but only if the employeesubmits to granting some sexual favors to the supervisor. Hostile environmentharassment is much more prevalent and the standards and consequences are morevaried. Court cases based on hostile environment reveal that commenting ondress or appearance, telling jokes that are suggestive or sexual in nature,allowing revealing photos and posters to be on display, or making continualrequests to get together after work can lead to the creation of a hostile workenvironment.
As computer andInternet technology has spread, the number of electronic sexual harassmentcases has grown. Cyber sexual harassment may occur when an employee forwards ane-mail joke with sexual content or it may take the form of accessingpornographic Websites at work and sharing content with other employees. Cyberstalking, in which a person continually e-mails an employee requesting datesand sending personal messages, is growing as instant messaging expands. Manyemployers have computers equipped with scanners that screen for inappropriatewords and images.
J. Employer Responses toSexual Harassment Employers must be proactive to prevent sexual and othertypes of harassment. Evidence of providing reasonable care to prohibit sexualharassment would include the following components: establish a sexualharassment policy, communicate the policy regularly, train employees andmanagers on avoiding sexual harassment, and investigate and take action whencomplaints are voiced. Figure 3-7shows how sexual harassment liability determination is made.
K. Harassment LikelihoodOne study found that supervisors or women with more workplace authority aremore likely to be harassed. Further research suggests that the likelihood ofmen to sexually harass and the tolerance of sexual harassment vary across countries.
IV. INDIVIDUALS WITH DISABILITIES
A. Americans withDisabilities Act (ADA) – The Americans with Disabilities Act (ADA) in 1990expanded the scope and impact of laws and regulations on discrimination againstindividuals with disabilities. As with Title VII of the Civil Rights Act, thislaw covers all employers with 15 or more employees, is enforced by the EEOC,and applies to private employers, employment agencies and labor unions. Stategovernment employees are not covered by the ADA but they can bring suits understate laws in state courts.
1. ADA and JobRequirements – The ADA contains a number of specific requirements that dealwith employment of individuals with disabilities. The major ones include:
Essential Job Functions. Discrimination is prohibited againstindividuals with disabilities who can perform essential job functions (the fundamental duties of a job) of theposition that an individual with a disability holds or desires.
Reasonable Accommodation. For persons with disabilities, employers mustmake a reasonable accommodation,which is a modification or adjustment to a job or work environment for aqualified individual with a disability that enables that qualified individualto have equal employment opportunity. The EEOC guidelines encourage aninteractive process between employers and individuals to determine whatappropriate reasonable accommodations are, rather than the employer solelymaking that judgment.
Undue Hardship. Reasonable accommodation is restricted toactions that do not place an unduehardship on an employer. An unduehardship is a significant difficulty or expense imposed on an employer when makingan accommodation for individuals with disabilities.
2. ADA Restrictions andMedical Information The ADA contains restrictions on obtaining andretaining medically related information on applicants and employees. The ADAprohibits employers from rejecting an individual because of a disability andfrom asking job applicants any question relative to current or past medicalhistory until a conditional job offer is made.The ADA also prohibits the use of pre-employment medical exams, exceptfor drug tests, until a job has been conditionally offered.
B. WhoIs Disabled? – As defined by theADA, a disabled person is someonewho has a physical or mental impairment that substantially limits lifeactivities, who has a record of such impairment, or who is regarded as havingsuch impairment. Figure 3-8showsthe most frequent disabilities identified in ADA charges. The ADA does notprotect current users of illegal drugs and substances, but it does protectthose who are recovering addicts.
1. Mental DisabilitiesA mental illness is often more difficult to diagnose than physicaldisabilities. Employers must be carefulwhen considering emotional or mental health factors such as depression whenmaking employment-related decisions and must not stereotype individuals withmental disabilities, but use sound medical information.
2. Amendments to ADA(ADAAA) Congress passed amendments to the ADA effective in 2009 that overruled several key cases and regulations. The effect was to expand thedefinition of disabled individuals to include anyone with a physical or mentalimpairment that substantially limits one of more major life activities withoutregard for the effects of measures such as medication, prosthetics, hearingaids, etc. The definition of major life activities was also expanded.
C. Genetic BiasRegulations – An emerging ethical issue centers on workplace genetic bias.Medical tests have been developed that can identify an individuals geneticmarkers for various diseases. Thequestion has arisen as to whether or not employers should be permitted to usethese tests. Employers either use genetic tests to make workers aware ofgenetic problems so that medical treatment can begin or they are used toterminate employees who may raise benefits costs and utilization rates of theemployer. Burlington Northern Santa Fe had to publicly apologize to employeesfor secretly testing to determine if they were genetically predisposed tocarpal tunnel syndrome.
1. Genetic Information NondiscriminationAct (GINA) Congress passed GINA to limit the use of information by healthinsurance plans. Employers are prohibited from collecting genetic informationor making employment decisions based on genetic information.
D. Managing Disabilitiesin the Workforce Common means of reasonable accommodation are shown in Figure 3-9. Key to making reasonableaccommodation is identifying the essential job functions and then determiningwhich accommodations are reasonable so that the individual can perform the corejob duties.
1. Recruiting and Selecting Individuals with Disabilities – Themeans used to screen individuals for positions should be reviewed. As the HROn-The-Job indicates, questions asked in the employment process should be jobrelated. One common means is the use of physical abilities tests which can bechallenged as discriminatory. The physical tests must be specificallyjob-related
HR On-the-Job: ADA and theEmployment QuestionsThe ADA prohibits asking job applicants any questions about past orcurrent medical or health history until a conditional job offer is made. Theoffer is often based on passing a physical or medical background check;however, any physical requirements must be job-related. On employmentapplicants and interviews, the following question is often used: Can youperform the essential functions of the job for which you are applying with orwithout accommodation? The text includes a list of questions that employersshould and should not ask.