Americans With Disabilities Act

Interviewing/Selection Process

"Candidate" in this section refers to all applicants, both external and internal, and refers only to candidates who are qualified. "Interviewer" means both individual interviewers and search committees. "Hiring Manager " is the individual/entity with authority to make the hiring decision.

What are the responsibilities of the Hiring Manager?

To assure that "essential" functions and marginal aspects of each job are understood by interviewers/search committees; to assure that the same format and questions are asked of all interviewees; if a candidate with a disability requests a reasonable accommodation with respect to the interview process itself, to assure such accommodation; if a candidate with a disability is the best qualified and seeks an accommodation, to discuss that accommodation with the candidate and, if necessary, seek other advice as to how the request might be met. (See pp. 9 and 12 for "Reasonable Accommodations.")


What questions may the interviewer ask at interviews?

The interviewer may ask all normal interview questions such as experience, previous jobs, special expertise, licenses or credentials, philosophy, what the candidate feels he/she would bring to the job, and so forth - - whatever is appropriate to the particular job.

To ensure that questions are appropriate, interviewers should design a set of questions to determine whether interviewees are qualified and can perform the job. The same questions should be asked of all candidates being interviewed to be sure that applicants with disabilities are not treated differently.

In most cases, an interviewer will find it more effective to begin an interview by giving a copy of the job description to all interviewees and describing all essential aspects of the job. This description should include, where appropriate, aspects of the job which are not specific "duties" but which may, nevertheless, be essential to satisfactory performance of particular jobs. These aspects might be unconventional hours, overtime requirements, shift work, stressful interactions with others including students, isolation, noise, ever-changing priorities. After describing the job, the interviewer may ask whether the interviewee is able to perform the essential functions of the job.


May the interviewer ask a candidate about either current or past disabilities or illnesses, e.g., disease, heart trouble, back trouble, mental illness, AIDS, or previous job-related injuries?

No. Even if it is a job which requires a physical examination, individuals may not be questioned about disabilities at an interview. Further, the interviewer should not hold a general conversation which would lead a disabled person to feel that he or she must reveal a current or past disability or illness. For example, interviewees should not be asked if they will require time off for medical treatment or because of a disability. Nor should they be asked how many days they were absent in a previous job because of illness although they may be asked generally about attendance at a previous job. This is a fine line, to be sure, but an important one.


If the candidate has a disability which is obvious to the interviewer, may the interviewer ask questions about the disability?

The interviewer may not ask questions about the disability itself, e.g., how the applicant became disabled, the severity, or the prognosis. After an offer of employment has been extended, a proper inquiry would be whether the individual would need assistance in case of emergency.


If the candidate makes a disability known, should the interviewer initiate discussion about what accommodation might be needed?

No. The interviewer should discuss an accommodation only if the candidate says that he/she needs one.


If a candidate discloses a disability or has an obvious disability which causes the interviewer to believe that the individual could not, in fact, perform a certain essential function, may the interviewer ask the candidate to describe or demonstrate how he/she would be able to perform that function?

Yes, if the candidate is otherwise among the best qualified. However, asking a candidate who is not among the best qualified to describe or demonstrate how he/she would perform is not appropriate.


If a candidate tells the interviewer that he/she needs an accommodation to demonstrate how he/she could perform a particular function, must the accommodation be made?

As with the above question, it depends on whether the candidate is among the best qualified otherwise or not. If the candidate is otherwise one of the best qualified and the accommodation is reasonable, then it should be made.


Do disabled candidates who are otherwise qualified have "preference" over other candidates?

Not under the ADA; the hiring authority is free to select the best-qualified candidate.5


May an applicant who is otherwise the best qualified for the job be rejected because he/she has requested an accommodation to perform one or more of the essential functions of the job?

No, unless the accommodation(s) would be an undue hardship. ("Undue Hardship.")


If others including the public, co-workers, or students are reluctant to work with a particular individual because of his/her disability, may he/she be denied the job on that account?

No. The reluctance of others to work with a qualified individual because of his or her disability is not a legitimate reason to deny employment.


If a candidate self-identifies as "disabled" during an interview but does not tell the interviewer what the disability is, may the interviewer ask?

No. But the interviewer may ask whether the candidate is able to perform the essential functions of the job. If the individual is otherwise the best-qualified candidate, and says that he/she could perform the function with a reasonable accommodation, a reasonable accommodation must be provided unless it is an undue hardship.


May an interviewer ask a particular employee to undergo a physical examination?

No. Certain identified positions require physical exams. All successful candidates for those positions receive physical exams after a contingent job offer has been made.


If the result of the physical exam is such that the Hiring Manager believes the successful applicant is unable to perform the job, may the contingent job offer be withdrawn?

It depends. First the Hiring Manager must determine whether or not the individual will be able to perform the essential functions of the job with a reasonable accommodation to the condition which caused the rejection.


If a candidate is rejected as a result of the physical exam, must he/she be told the specific cause for rejection? ("Physical Examinations.")

Yes.


If the Hiring Authority knows that the condition of an otherwise qualified disabled person is such that it is likely to become more disabling over time, must the person be hired?

Under most circumstances, yes, if the person is the best qualified and can perform the essential functions of the job currently. If such a question arises, it should be pursued through the normal supervisory chain.

Footnotes:

5 However, keep in mind that University's affirmative action policies which require affirmative action in certain situations

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Last Updated: 03/14/2007