HOW TO AVOID ADA CHARGES

  • Review all Personnel Polices and Handbooks to eliminate unlawful content.

  • Review your employment process - application, questions asked in an interview, to eliminate any discriminatory practice.

  • Make sure any interview area is accessible to the disabled.

  • Ensure your interviewers are aware of the essential functions of the jobs being recruited.

  • Have a list of essential functions for each job. It may be included in a job description or be more informal.

  • Eliminate all pre-hire medical examinations.

  • Develop plans to deal with requests for reasonable accommodations or job restructure.

  • Post appropriate posters, including rights of employees under ADA.

  • Do not make hasty judgments in dealing with the disabled. Each situation must be carefully reviewed and a plan of action determined to ensure compliance with the law.

  • Adopt centralized procedures to make decisions with regard to ADA compliance.

  • Presume nothing; avoid all stereotypes when the disabled apply for jobs or current employees ask for accommodations. Analyze each situation carefully.


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