What Does the Law Say About Hiring People with Disabilities?

From Successful Interview Guide by Iowa Workforce Development

Employers have a legitimate concern in hiring employees who are physically and mentally able to do their jobs. Many persons have been screened out of employment because of real or perceived physical or mental conditions which may not be related to their ability to perform the work.

Under the federal Americans with Disabilities Act (ADA), it is specifically unlawful to ask whether an applicant is disabled, or to inquire about the nature or severity of an illness or disability. The Iowa Civil Rights Act's prohibition on disability discrimination follows the federal ADA. These laws prohibit disability-related questions on application forms, during job interviews, or in background or reference checks. Employers may ask an applicant questions about the person's ability to perform the essential functions of the job. Employers may also ask an applicant to describe or demonstrate how, with or without reasonable accommodation, that the applicant can perform job-related functions.

An applicant or employee must be qualified for the job, that is, he or she must satisfy the job requirements for educational background, employment experience, skills, licenses, or other job-related qualification standards. The ADA and the Iowa Civil Rights Act do not interfere with the employer's right to hire the best qualified applicant. Nor do these laws impose any affirmative action obligations. The law simply prohibits the employer from discriminating against a qualified applicant or employee because of a disability.

Under the ADA, a disability is defined as a physical or mental impairment that substantially limits a major life activity. The ADA also protects individuals who have a record of such impairment, or who are regarded as having such impairment. The ADA makes it unlawful to discriminate against a qualified applicant or employee because of the disability of an individual with whom the applicant or employee is known to have a family, business, social or other relationship or association.

An employer may not use a physical or mental condition to disqualify an applicant merely because the employer believes the applicants condition would pose a health or safety threat. The employer must show that the condition poses a "significant risk of substantial harm." An assessment of the condition must be based on valid medical evidence.