Re: Question #6: Interview Questions in compliance w/ ADA

From: Holly Elissa
Email: hollyelissab@comcast.net
Date: May 25, 2007

Comments

Good questions. Thank you.

This is what is important:

Ask "Can you perform the functional requirements of the job?"

For example, if diapering a baby is a requirement, you can ask "Could you demonstrate to us how you diaper a baby?" Each applicant, using a realistic doll, could demonstrate her diapering procedure.

If a young man, returning from the war, appears at an interview with one arm, you have the right to ask him the same question you would ask any interviewee: "Diapering is a functional requirement of the job? Could you demonstrate how you would diaper a child, please?"

If he shows the ability to diaper a child effectively, your question has been answered: yes, he can fulfill the essential requirements of the job.

The Child Care Law Center's publication on this cautions us not to ask: "Do you have a certain physical trait?" Ask instead: "Can you perform this essential function of the job?"

In Baptiste's case, a functional requirement of the job is evacuation of children during a crisis. You can ask her this: "Quickly and safely evacuation ___ number of children in the event of a crisis (fire, etc), is a functional requirement of the job. Could you demonstrate how you would perform this function?"

Your next step, if Baptiste tells you what her disability is at the point, is to ask: "What accomodation might you need for you to be able to perform this essential function of the job?"

She may or may not be the one for the job. You have given her a fair chance to show that she is. That is the spirit of the ADA: giving everyone an equal opportunity to apply for and perform the job.