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Frequently Asked Questions by Employers on Employment

 

What Disability-related laws affect employers and businesses?
What is a Reasonable Accommodation?
What are some benefits of hiring qualified people who have a disability?
As an employer, how can I find qualified workers with disabilities?
What questions can I ask when interviewing someone with a disability?

What Disability-related laws affect employers and businesses?

 

The Americans with Disabilities Act (ADA) is a law that prohibits discrimination and ensures that people with disabilities have equal opportunity in employment. For an overview of the ADA and how it relates to employment go to www.dol.gov/odep/categories/employer/employing/laws.htm

Other laws that affect employers include:
 

  • The Rehabilitation Act of 1973 and Amendments of 1992 - This is a nondiscrimination law specifically for employers and organizations that receive federal funds.
  • The Architectural Barriers Act of 1968 - This law requires that buildings be accessible to people with disabilities.
  • The Family Medical Leave Act of 1993 - This law entitles workers up to 12 weeks of unpaid leave a year for serious health conditions.
  • The Telecommunications Act of 1996 - This law requires telecommunications manufacturers and service providers to design equipment so it is accessible to people with disabilities.
  • The Health Insurance and Portability and Accountability Act of 1996 - This law improves access to health care.
  • The Workforce Investment Act of 1998 - This law ensures that all federal departments and agencies use accessible electronic and information technology.
  • The Ticket to Work and Work Incentives Improvement Act of 1999 - This law allows for Medicaid and Medicare benefits to be extended for people with disabilities who go back to work.
  • Other State and Local Fair Employment Statutes - Individual states have additional employment laws that protect individuals with disabilities.

For more information on these laws, see Guide to Civil Rights: Employment Rights.

 

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What is a Reasonable Accommodation?

A Reasonable Accommodation is making an adjustment to the workplace so employees with disabilities are able to perform their jobs. By law the changes must be made unless it creates an undue hardship for the employer.

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What are some benefits of hiring qualified people who have a disability?

Studies have shown that employees with disabilities have better retention rates thus reducing the high cost of turnovers. Along with that, recruiting costs of hiring people with disabilities can be minimal because it can be done through nonprofit sources. Your business may also qualify for tax incentives and deductions when hiring a person with a disability.

For a more comprehensive explanation on the benefits of hiring someone who is qualified and has a disability go to the Advantages of Hiring People with Disabilities section of the Guide to Employment for Employers.

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As an employer, how can I find qualified workers with disabilities?

Many nonprofit agencies help individuals with disabilities find employment. These agencies are a good source for employers to find and recruit individuals with disabilities. To find contact information for resources and nonprofit organizations go to the Finding Qualified Workers with Disabilities section of the Guide to Employment for Employers.

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What questions can I ask when interviewing someone with a disability?

Different laws protect individuals with disabilities during the interviewing process. Employers can not ask the employee about their disability. For example, employers can not ask, "How will your disability affect this job?" However, employers can ask, "This job requires you to input information into a computer using Excel. Can you tell me about your experience in this area?"

For more detailed information concerning the interviewing process and preparations that employers can make for interviewing an individual with a disability go to the Communicating with and Interviewing someone with a disability section of the Guide to Employment for Employers.


 

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