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You and staffing firm share ADA responsibility

by on
in Employment Law,Human Resources

If you use contingent workers, both you and the staffing agency may be considered "employers," which means you share the duty of accommodating a disabled worker, according to new guidance from the Equal Employment Opportunity Commission (EEOC).

The EEOC says your company can't ask disability-related questions or require medical exams until after a worker has been offered employment.

At work, you and the staffing firm are both responsible for reasonable accommodations. Although the staffing firm is generally responsible during the application process, the EEOC says the client firm still might violate the ADA if it knows or has reason to know that the staffing firm isn't doing its duty.

The EEOC's advice: Spell out in your contracts with staffing firms who will pay for accommodations and how they'll be provided. To read the text of the guidance, visit www.eeoc.gov/docs/guidance-contingent.html.

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