[rehab] Good Question of the Day

Thu Apr 26 14:28:13 UTC 2012

All postings really should have that statement- the statement means that you must be able to do the essential functions of the job- period. If you need accommodations to do it, that's fine, or if you don't need them, that's okay too. That's what the statement means. 

Alissa Auer
Employment Assistance Specialist
Division for Blind Services
817-759-3506
http://www.youtube.com/DARSTexas

-----Original Message-----
From: rehab-bounces at nfbnet.org [mailto:rehab-bounces at nfbnet.org] On Behalf Of Dick Davis
Sent: Thursday, April 26, 2012 9:12 AM
To: Jobs for the Blind; Rehabilitation Counselor Mailing List
Subject: [rehab] Good Question of the Day

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  If none can be identified, the offer is withdrawn.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
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