Q. Is dyslexia considered a disability under the ADA? Can we legally screen potential employees for it through our pre-employment tests?
A. Depending on how the particular individual is affected, dyslexia may well be a disability under the ADA.
According to EEOC guidance, an applicant with a disability is entitled to a reasonable accommodation during the application process, which can include giving application tests in a manner that does not require use of the impaired skill, unless the test is designed to measure that skill.
If the job at issue requires the ability to read, then you may screen potential employees to make sure they can read. However, you should not test them to determine whether they have dyslexia, unless there is some job-related reason why you need to know that.
- How much access must we grant OSHA inspectors?
- Average evaluations and lateral transfers may not be discriminatory
- How should we respond to a subpoena for one of our employees' personnel records?
- When does ADHD count as a protected 'disability'?
- Beware defamation lawsuit after firing: Keep the reason confidential