The
EEOC has proposed new regulations to enforce the expanded version
of the Americans with Disabilities Act passed last year. They’re
going to have a big impact on many HR functions, including hiring.
Long
story short: With a broadened definition of “disability,” the
law will cover more job applicants.
As
before, a disability’s defined as a condition that substantially
limits a major life activity.
But instead of the old “eating, sleeping and working” that
courts were used to, the new regs expand protection with a
huge list of activities covering everything from caring for
oneself and performing manual tasks to concentrating and communicating.
How HR Can Prepare?
The following steps will help HR any new legal landmines created
by the regs:
-
Train
hiring managers – With more applicants considered
disabled by the law, it’s more
likely than ever that an unsuccessful
candidate will sue for disability bias.
Managers need to stay clear of interview
questions that touch on health issues.
-
Review
job descriptions – Seemingly
innocent wording could be thought
by courts to exclude to people with disabilities. A company
could get in trouble, for example,
if a job description lists a specific lifting requirement
for a position that involves lifting only occasionally.
-
Remind
managers: The law doesn’t, and never did, require
you to hire anyone who’s unqualified. But with new opportunities
for people to sue, it’s important than ever to keep the hiring
process focused on the applicant’s
ability to do the job.
Posted in Law, Sepcial Report, October22, Sam Narisi
Please contact Fern
Powers PHR, , 215-563-5520 immediately
to help you update or write your job descriptions as
well as training your managers to conduct compliant interviewing.
