Faculty Search Committee Manual

Appendix N: ADA Guidelines For Interviewers

The Americans with Disabilities Act (ADA) establishes rules for which questions can be asked of candidates for employment.

Inquiries You Cannot Make

• DO NOT ASK questions about whether the individual has a current disability or a past disability.
• DO NOT ASK whether the individual has any serious illness (such as AIDS), back problems, a history of mental illness or any other physical or mental condition.
• DO NOT ASK if the individual has a disability that is obvious to the interviewer (such as an applicant that is missing a limb or uses a wheelchair).
  • DO NOT INQUIRE how the individual became disabled or the prognosis for the applicant.
  • DO NOT ASK questions about the nature of severity of the applicant's disability.
  • DO NOT COMMENT in any way on the individual's physical condition except as described in the section below.
• DO NOT ASK questions about the applicant's past on-the-job injuries.
• DO NOT ASK about the applicant's medical problems by requesting the applicant to identify if he or she has or has ever suffered from a list of ailments, such as:
  • Diabetes - Heart Condition - Back Problems
  • Ulcers - Hearing Problems - Migraines
  • Arthritis - Hepatitis - Visual Problems
• DO NOT ASK whether the applicant has ever been treated for drug addiction or alcoholism.
• DO NOT ASK how many days the applicant was absent from work last year because of illness.
• DO NOT ASK whether the individual has ever filed a worker's compensation claim.
• DO NOT ASK whether the individual has ever received an award of workers' compensation benefits.
• DO NOT ASK questions of applicants with disabilities that you do not ask of other applicants, except as described below.

Inquiries You Are Permitted To Make

• YOU MAY ASK whether the individual needs any reasonable accommodations or assistance during the hiring or interviewing process.
• YOU MAY ASK about the individual's ability to perform essential job functions.
• YOU MAY give a copy of the job description to the individual that identifies all essential functions and ask whether the individual is able to perform all of those essential functions with or without a reasonable accommodation.
• YOU MAY DESCRIBE the job and ask whether the individual can perform those functions.
• YOU MAY ASK about current use of illegal drugs.
• YOU MAY STATE UT Arlington's standards and expectations and ask if the individual can meet those standards. For example:
  • You may state UT Arlington's drug policy.
  • You may state UT Arlington's standards for on-the-job alcohol consumption.
  • You may state UT Arlington's smoking policies.
  • You may state UT Arlington's standards for attendance, including the availability or lack of availability of leave for newly-hired employees.
  • You may state the performance standards and expectations for a particular position.
  • You may ask an individual how he or she could perform tasks, and with what accommodations, if the applicant indicates that he or she can perform the tasks with an accommodation.

Questions You May Ask If the Applicant Identifies a Disability

If an applicant has a "known disability" either because it is obvious (for example the applicant uses a wheelchair, is blind, has missing limbs), or because the applicant has voluntarily disclosed that he or she has a hidden disability, YOU MAY ASK the individual to explain or demonstrate how he or she can perform the essential functions of the job, with or without a reasonable accommodation. If an applicant has a known disability that would not interfere with or prevent performance of the job, you CANNOT ask or require the applicant to demonstrate performance of a job function, unless you ask all applicants to do so.

Restrictions On Hiring Decisions

• DO NOT REFUSE to hire an individual because the individual has asked for an accommodation.
• DO NOT REFUSE to hire or consider an individual for a position merely because that person has a disability or is associated with a person with a disability.
• DO NOT REFUSE to consider or hire a person merely because that person has filed a past worker's compensation claim or has back problems.
• DO NOT REFUSE to hire a person because you think it might increase insurance or worker's compensation costs or because you think they may pose a threat to the health and safety of themselves or others. This decision cannot be made based on speculation; it requires that input of the human resources department and possibly medical personnel to ensure that the decision is defensible.
• If the position for which the individual is applying is one where UT Arlington requires a medical examination, YOU MUST INFORM all applicants for those positions that any offer of employment is conditioned upon the satisfactory results of a medical examination.
• YOU MUST CONTACT the Director of Human Resources Office for advice and guidance on individuals with a disability who:
  • Requests a reasonable accommodation
  • You are considering rejecting because of a physical or mental condition
  • You are considering rejecting because of an inability to perform the essential functions of the job
• YOU CANNOT ASK whether an individual requires time off for medical treatment or a disability.
• YOU CAN STATE UT Arlington's attendance policy and ask whether the individual can comply with the attendance requirements for the position.