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Request for accommodation aftery lying on application

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  • 10-25-2006, 01:46 PM
    Lauren
    Request for accommodation aftery lying on application
    In Chicago, IL: An employee completed our employment application and indicated 'no' in the reasonable accommodation section, also indicating that she is able to perform all essential functions of the job description.

    Two months later, she is asking for accommodation and she confides in a manager that a friend told her not to indicate anything on the application originally.

    Her disability happened long before she came to work for us; do we now have to accommodate her; after learning she lied on the application?

    I appreciate the help.
  • 10-25-2006, 01:57 PM
    Mr. Knowitall
    Re: Request for accommodation aftery lying on application
    To be clear, her falsehood was on a general application form, and not in response to a supplemental application or inquiry made after you extended a firm job offer?
  • 10-25-2006, 03:30 PM
    Lauren
    Re: Request for accommodation aftery lying on application
    Correct, she completed our company's employment application.
  • 10-25-2006, 03:57 PM
    aaron
    Re: Request for accommodation aftery lying on application
    You may wish to look at the EEOC's information on the Americans with Disabilities Act:
    Quote:

    Quoting Discussing Disability with the Potential Employer
    The ADA prohibits employers from asking questions that are likely to reveal the existence of a disability before making a job offer (i.e., the pre-offer period). This prohibition covers written questionnaires and inquiries made during interviews, as well as medical examinations. However, such questions and medical examinations are permitted after extending a job offer but before the individual begins work (i.e., the post-offer period).

    9. What are examples of questions that an employer cannot ask on an application or during an interview?

    Examples of prohibited questions during the pre-offer period include:
    • Do you have a heart condition? Do you have asthma or any other difficulties breathing?
    • Do you have a disability which would interfere with your ability to perform the job?
    • How many days were you sick last year?
    • Have you ever filed for workers' compensation? Have you ever been injured on the job?
    • Have you ever been treated for mental health problems?
    • What prescription drugs are you currently taking?

    10. May the employer ask me these questions after making a job offer?

    Yes. An employer can ask all of the questions listed in Question 9, and others that are likely to reveal the existence of a disability, after it extends you a job offer as long as it asks the same questions of other applicants offered the same type of job. In other words, an employer cannot ask such questions only of those who have obvious disabilities. Similarly, an employer may require a medical examination after making a job offer as long as it requires the same medical examination of other applicants offered the same type of job.

    * * *

    15. May an employer ask applicants on an application form or during an interview whether they will need reasonable accommodation to perform the job?

    Generally, no. An employer cannot ask all applicants whether they would need reasonable accommodation to perform a job because the answer to this question is likely to reveal whether an applicant has a disability.

    However, if the employer knows that an applicant has a disability, and it is reasonable to question whether the disability might pose difficulties for the individual in performing a specific job task, then the employer may ask whether she would need reasonable accommodation to perform that task. An employer might know that an applicant has a disability because it is obvious or she has voluntarily revealed the existence of one. If the applicant indicates that accommodation will be necessary, then the employer may ask what accommodation is needed.
    Example: Carl has a severe limp and uses a cane because of his prosthetic leg. He applies for an assembly line job which does not require employees to move around but does require that they stand for long periods of time. The employer asks Carl about his ability to stand and whether he will need reasonable accommodation to perform the job. Carl replies that he will need accommodation. The employer asks Carl for examples of accommodations, and Carl suggests two possibilities: a tall stool so that he can sit down but still reach the conveyor belt, or alternatively, a "sit-stand" chair which will provide support and enable him to do the job.
    Also, if the employer believes an applicant with an obvious disability will need a reasonable accommodation to do the job, it may ask the applicant to describe or demonstrate how she would perform the job with or without reasonable accommodation.
    Example: Alberto uses a wheelchair and applies for a job that involves retrieval of files that would seem to be beyond his reach. The employer can show him the files and ask him to explain or demonstrate how he would perform this task.
    16. Do I have to tell the employer during the application process that I might need an accommodation to perform the job?

    No. The ADA does not require that an applicant inform an employer about the need for a reasonable accommodation at any particular time, so this information need not be volunteered on an application form or in an interview.

    Determining the best moment to tell a prospective employer about the need for reasonable accommodation on the job is a personal decision. Sometimes, applicants are not aware they may need a reasonable accommodation until they have more information about the job, its requirements, and the work environment. Some applicants choose to inform an employer during the application process after they better understand the job and its requirements. Others choose to wait until they have a job offer.

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