[rehab] Good Question of the Day

[Dick Davis]

Hi,



Dave Andrews asked me a very good question about a job posting.  I thought
some of you would find his question, and my answer, helpful.  Please see
below.



Dick Davis, Chair

NFB Employment Committee





Hi Dick:



I wanted your thoughts on something -- I can't remember seeing this before.
It was in a job description from MPR, it says:

   - Must be able to perform the essential duties of the position with or
   without reasonable accommodation.

 So, are they saying no reasonable accommodations will be made -- or if
they are -- they really aren't necessary.?



The URL of the whole posting is:



http://americanpublicmedia.iapplicants.com/ViewJob-295763.html



I would guess they are saying "we don't think a disabled person could do
this job!"  It would be tough, I admit, but impossible?



I don't think their digital software is accessible, for starters!



Dave





Hi Dave,



No, it's saying that if you can't perform the essential functions of the
job in some fashion, don't bother to apply.



The only legal question you can ask about reasonable accommodations in a
job interview is, "Are you able to perform the essential functions of this
job with or without reasonable accommodations?" Only a complete moron would
say "no", because then the interview, or in this case the job application
process, is over. And saying "yes" doesn't give the employer any real
information about how the function could be performed.



The ADA forbids employers from asking any other questions about reasonable
accommodations until they have first made a tentative job offer.  After
that, they are allowed to work with the disabled job applicant to identify
reasonable accommodations.  If none can be identified, the offer is
withdrawn.



This may work well in the world of legal theory, but in the real world,
nobody is going to offer a job to a person unless they are reasonably
certain they can do it.  Nobody wants to offer a job to a disabled person
and then have to jerk it away.  It's always easier to pick a nondisabled
applicant.  I teach each of my students to bring up the subject of
reasonable accommodations in the job interview.  If they don't, there's a
99% likelihood they won't get the job.



Dick