Question #6: Interview Questions in compliance w/ ADA

From: Holly Elissa
Email: hollyelissab@comcast.net
Date: May 24, 2007

Comments

Taking action to prevent legal and ethical issues from arising makes the most sense.

The ADA ensures that persons who are "otherwise able" (have a disability) are given fair opportunities when:

1) Applying for jobs; and

2) Maintaining the job.

As you know, the ADA does not require your program to go through "under hardship" in order to comply. An example of an undue hardship is paying so much for accomodation that your program plummets into financial jeopardy.

Within the realm of "reasonable" accomodations, much can be accomplished.

The question is: "How can we make sure our interview questions during out hiring process are respectful of the ADA?"

Are you willing to share your thinking and/or practice is about this? Can you anticipate situations where your interview questions might not accomodate an applicant w/ a disability?

Here's a concrete example: Baptiste applies to be teacher's aide in the infant room. On paper, she is well qualified. When Baptiste arrives at the interview, she walks with a cane, slowly and deliberately. She almost loses her balance as she takes a seat.

Questions re: Baptiste's case:

1) Are you free to comment on Baptiste's observable "condition"?

2) How can you prepare a list of interview questions that will give Baptiste equal opportunity as she applies for the job? What questions might you ask?

The Child Care Law Center in California has a very helpful booklet on this subject and others regarding the ADA.

Have a lovely spring day. I'll look forward to our dialogue.