Small Biz Tip: Pre-Screening Employees: The American with Disabilities Act (ADA)

Tips from June 24, 2009

The Small Business tips today will be discussing the American with Disabilities Act (ADA).

  1. The Equal Employment Opportunity Commission (EEOC) defines a disability as a person who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment, or is regarded as having such impairment.
  2. Under the ADA, employers cannot ask during the interview or background check about a person’s disabilities. Employers may inquire only about an applicant’s ability to perform specific job.
  3. An employer cannot make a job decision (hiring or promoting) based on an employee’s disability.
  4. The ADA covers businesses with 15 or more employees, including state and local governments.  Some states have laws protecting the confidentiality of medical records.

Daily Overview: Learn about the ADA to ensure you do not infringe on the rights of your employees. Visit the Americans with Disabilities Act.

I am not an attorney. I have attempted to condense complicated and detailed legal issues into 140 characters per line. My interpretation may not be exact. Please contact an attorney for professional legal advice.

For more information, please visit the American Bar Association.