How has the ADA equalized employment prospects for those with varying levels of disability?

The Americans with Disabilities Act has brought epic change to the rights of people with disabilities in achieving testing accommodations. While it is common to hear of testing accommodations in education and standardized testing, the ability to have accommodations for pre-employment exams is also lawful under the ADA. Accordingly, the language of the ADA states that “appropriate adjustment or modifications of examinations” is a form of accommodation that disabled applicants may request. www.ada.gov Further, there are certain restrictions on pre-employment tests that shield applicants with disabilities.

Among these protections are the proper design of selection criteria and the organization of tests in a manner that does not exclude applicants with disabilities. A criterion that screens out a person with a disability must be job-related and consistent with business necessity. To constitute business necessity a criterion must be related to an essential job function. “The obligation to make reasonable accommodation means that an employer must make modifications or adjustments to the application process that would enable a qualified individual with a disability to be considered for the position he or she desires”. http://www.ilr.cornell.edu/edi/hr_tips/ Tests must not be in formats that require use of the impaired skill, unless it is a job-related skill that the test is intended to measure.

Specifically, a written test cannot be given to a person with dyslexia or an individual who has a visual processing impairment and instead must be given orally. http://www.ilr.cornell.edu/edi/hr_tips/ Unless the ability to read is a job related skill that such test is designed to assess, the written test need not be given to an individual with a developmental disability. This also extends to those with mobility impairments who are required to take a timed pre-employment exam. The ability to complete an exam within a specified time is not necessary unless the test is developed in a manner that assesses one’s speed in completing particular tasks.

There are numerous possible accommodations available for pre-employment testing, but an employer is not obligated to provide any accommodation unless the applicant or employee states a need to do so. In other words, the applicant or employee is responsible for informing the employer of his/her disability and the necessary accommodations. Some possible accommodations are alternate test formats such as Braille, large print, audiotape, or a computerized version, extended time, use of a scribe, etc. http://www.ilr.cornell.edu/edi/hr_tips/

The following questions may serve as general guidelines in determining the legality of a pre-employment test: Does the test raise questions about an individual’s mental state or disability? What is the test’s purpose, and does it meet that purpose? Is the test interpreted by a health care professional? Does the test measure the employee’s performance of a task, or simply the employee’s psychological response to performing the task?

http://library.findlaw.com/2005/Sep/12/199863.html

With greater competition for jobs, accommodations in the job application process are a crucial step in giving applicants with disabilities equal opportunities.