Job Applicant Accommodation Guidance

Summary

Employers must provide reasonable accommodations under the ADA unless it causes undue hardship. If a job requires driving and the applicant cannot drive, this can be a lawful basis for not hiring. The ADA does not require modifications to third-party homes. Consulting a local employment attorney is advisable for specific guidance.

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This is true however in his cover letter he states he is in a wheelchair and most of the homes where we do business do not have ramps therefore are not accessible.
It's crucial to handle this with sensitivity. You can suggest alternative roles in your organization where accommodation can be made, or recommend he apply in facilities that are ADA compliant. Remember, it's illegal under the ADA to discriminate against qualified applicants based on disability.
I am not seeing a path forward
Understandably, this is a difficult situation. It's important to adhere to the Americans with Disabilities Act (ADA) guidelines. If the job duties cannot be performed even with reasonable accommodations, you may have grounds to not hire the applicant. It could be helpful to consult with a local employment attorney to ensure compliance with all laws.
Ok but the role he applied for is the only role we have therefore the applicant must be able to perform the duties. This isn't discrimination but rather a fact. The work is in /at the residence of our clients. The applicant must be able to drive but states he cannot drive and must be able to do all the duties in the home therefore
Under the ADA:
- The employer is required to engage in an "interactive process" to identify possible accommodations.
- If the job's requirement is driving and the applicant can't drive, this can be a lawful basis for not hiring.
- However, if duties can be modified or assisted with, it may not be lawful to deny employment. Discuss the situation with a local employment attorney for specific advice.
I'm sorry but you keep stating "reasonable accommodations" which in most cases would be the location where the work will be performed. If this was in the walls of a brick and mortar business then I am *% aligned with your comments. However if this person is to provide care in my client's residence I do not have the right to request for ADA compliant modifications be made to their homes.
Understandably, this is a complex situation. The ADA does not require you to make modifications to third-party homes. However, explore alternatives such as tools or equipment the caregiver could use. Consulting a local employment attorney is advisable for specific guidance on this unique scenario.
You are basically giving some double speak in your response. On one hand you are stating that I do not have to make modifications to a third-party home when the basic accommodation would be a ramp to overcome stairs at the home and allow entrance as well as performing duties on multiple levels. This is the simplest accomodation to make as other actions would be more costly and intrusive such as chair lifts. I
I apologize if there was confusion. The ADA doesn't require you to modify third-party homes. It's about providing reasonable accommodations where feasible. If it's not feasible to accommodate, it may not be discrimination. Consulting a local employment attorney is advisable for specific guidance.