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 to Fire an Employee the Legal Way: 6 Termination Guidelines
- Offer employees on military duty same chances for promotion other employees have
- Make sure your arbitration agreement is valid in Ohio
- When serial harasser strikes, you can't just move victims
- Good news for employers: Moonlighting, noncompetes and the NLRA