[blindlaw] Pre-Interview Questionnaire Part 2

[WB]

Keith,

Thanks for that information.  I really appreciate it.  I had reviewed the
site that you referenced in your e-mail and found it very useful.

I'm thinking after doing all this reading I should get back into labor and
employment law.  This was an area that we never covered in the few years I
worked in the particular area of law.

Thanks again!

William

-----Original Message-----
From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On
Behalf Of Keith Vick
Sent: Monday, September 28, 2009 4:44 PM
To: 'NFBnet Blind Law Mailing List'
Subject: Re: [blindlaw] Pre-Interview Questionnaire Part 2

Hi William,

As a preliminary note, the clause is bizarre to me because it is a mixture
of a 'for cause' termination clause and at will employment notice.  If the
firm is retaining you on an 'at will basis' it seems that the " I UNDERSTAND
THAT MISREPRESENTATION OR OMISSION OF FACTS CALLED FOR IS CAUSE FOR
DISMISSAL" clause is unnecessary.  Depending on that law of your state, the
'for cause' could be read as abrogating the 'at will' employment doctrine
but I doubt it. 

Regarding the legality of the authorization for investigation and questions
regarding your disability, this EEOC site seems helpful:

http://www.eeoc.gov/facts/jobapplicant.html

In pertinent part, the site states that "The ADA prohibits employers from
asking questions that are likely to reveal the existence of a disability
before making a job offer (i.e., the pre-offer period). This prohibition
covers written questionnaires and inquiries made during interviews, as well
as medical examinations. However, such questions and medical examinations
are permitted after extending a job offer but before the individual begins
work (i.e., the post-offer period)."

I would say that a questionnaire that explicitly requires you to provide
information about your disability constitutes "...questions that are likely
to reveal the existence of a disability before making a job offer." 

I do think that some states have a procedure in which employees with
disabilities are required to notify their employers in writing before the
employer's duty to provide reasonable accommodations arises.  But that
doesn't seem to be applicable here since this is a pre-hiring questionnaire
not a post hiring request for accommodations.  Also, it seems the ADA would
preempt any possible state law authorizing such questions - if the law firm
was actually relying on any such state law.  My guess is that there is no
such state law.

As for the actual ADA statute that the EEOC is referring to, I can only
suggest further research on your part.  

Warmest regards,

Keith Vick


-----Original Message-----
From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] On
Behalf Of WB
Sent: Monday, September 28, 2009 4:40 PM
To: 'NFBnet Blind Law Mailing List'
Subject: [blindlaw] Pre-Interview Questionnaire Part 2

Folks,

 

I went back into the questionnaire and copied the wording below.  The
questions about hearing and vision impairments were not voluntary questions
and the wording below is what needed to be signed.  Please let me know your
thoughts about this language.

 

Statement reads:

 

I AUTHORIZE INVESTIGATION OF ALL STATEMENTS CONTAINED IN THIS APPLICATION. I
UNDERSTAND THAT MISREPRESENTATION OR OMISSION OF FACTS CALLED FOR IS CAUSE
FOR DISMISSAL. FURTHER. I UNDERSTAND AND AGREE THAT MY EMPLOYMENT IS FOR NO
DEFINITE PERIOD AND MAY. REGARDLESS OF THE DATE OF PAYMENT OF MY WAGES AND
SALARY. BE TERMINATED AT ANY TIME WITHOUT ANY PREVIOUS NOTICE.

 

 

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