An employer does not discriminate by denying a job to a person who is not qualified to perform it.Inquiries and Exams The ADA protects disabled individuals during the hiring process, by prohibiting employers from inquiring about disabilities or subjecting prospective employees to medical tests before hiring them.For example, which accommodations are reasonable, and which would create an undue hardship?If you believe that your rights may have been violated under the ADA in the employment context, you may need legal help.Employers are only required to accommodate disabilities of which they are aware, meaning that an employee cannot bring an ADA claim for a condition that was unknown to the employer. Assuming the employer does not contest the employee's disability, the next question is the required accommodation.Additionally, sometimes the parties disagree on whether the employee's condition is a disability under the law. The ADA does not specify who is supposed to take the initiative in accommodating the employee's disability, so employers may not know whether it's their duty (or the employee's duty) to propose changes that would allow the employee to perform the job.What might be reasonable in one context may not be in another.For example, if a person in an office job needed help from another employee to lift items weighing over 25 pounds, such help may be totally reasonable.
After making a job offer, the employer may require a medical examination, so long as the examination is given to all newly hired employees. An Attorney Can Help A number of questions can arise in any ADA case, and many can be difficult to answer.
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