The ADA has revolutionized the job interview. Although interviews have historically been an unreliable way to determine a worker’s performance, employers continue to use them out of a sense of tradition.
The ADA has brought some structure to the job interview, and by making employers focus on the applicant’s ability to perform the job’s essential functions, the law may even enable employers to hire better employees.
Remember: You may not ask any question whose answer might reveal a disability. To be safe, only ask questions about the person’s ability to perform the job’s essential functions. Of course, in order to do this, employers must have accurate and up-to-date job descriptions outlining essential and nonessential job functions. Job descriptions should be updated regularly by taking input from both employees and supervisors. Courts frown upon out-of-date job descriptions.
If you’re confused about wh...(register to read more)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- 10 Secrets to an Effective Performance Review
- Get employee buy-in on job descriptions
- Unable to work, ineligible for FMLA? You may be able to fire
- When firing follows harassment, watch out! You could be facing a retaliation lawsuit
- State Regulations vs. IRS Rules