Accommodating two different height individuals

If a hiring occurs, such confidential information should remain confidential even after the individual is no longer an employee. The Americans with Disabilities Act (ADA) expressly prohibits a covered employer from making inquiries of an employee as to whether such employee is an individual with a disability, or as to the nature and severity of the disability, unless the inquiry is shown to be job-related and consistent with business necessity.[24] The Massachusetts statute and regulations, by contrast, do not expressly prohibit post-hire inquires. [32] All medical-related information must be kept confidential with the following exceptions: An employer should notify all applicants and employees of its obligation to provide reasonable accommodation.

Such inquiries, however, may be evidence of discrimination.

The EEOC interprets the ADA's requirements concerning inquiries and medical examinations of employees as being more stringent that those affecting applicants.[25]Under Federal law, any written information that employers obtain in the course of permissible inquiries shall be collected and maintained on separate forms and in separate medical files (not the employee's personnel file) and is to be treated as a confidential medical record.

The purpose of this restriction is to isolate consideration of an applicant's job qualifications from any consideration of his/her medical or disability-related condition.

Employers may tell applicants what is involved in the hiring process and ask whether they will need a reasonable accommodation to take any tests, fill out application forms, or do anything else typically required of applicants.

An employer need not offer or provide reasonable accommodation where it has no knowledge or reason to know of the individual's need for an accommodation.

Unless a handicap and the need for accommodation is known to the employer, it is the responsibility of the individual to inform the employer that an accommodation is needed.

An employer may inquire about the current illegal use of drugs, provided that the questions are not likely to elicit information about past drug addiction which is a covered disability.

For example, it is permissible to ask whether the applicant has ever engaged in the use of illegal drugs and when was the last time. US Postal Service, 755 F.2d 1244, 1250-51 n.5 (6th Cir.

If a person with a handicap requests but cannot suggest an appropriate accommodation, the employer and the individual should work together to identify one. 151B, employment criteria must be designed to measure only those abilities necessary to perform the essential functions of a job.

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