Employing disabled staff members

You can't discriminate against a qualified person because of his or her disability. But you also aren't required to hire someone if he or she isn't a good fit.

The employment section of the Americans with Disabilities Act (ADA) applies to all businesses with 15 or more employees; generally an employee must work at least 20 calendar weeks during the year to be covered by the ADA provisions. But if your practice doesn't fit these criterion, that doesn't mean you can ignore the rules. You could still face civil lawsuits for wrongful termination, breach of contract, civil rights violations, or any other labor law, regardless of how many employees your business has.

In a nutshell, you can't discriminate against a qualified person on the basis of his or her disability, provided he or she can perform the essential components of the job. And you must make "reasonable accommodations" provided you would have hired the employee if he or she didn't have a disability. Remember, the ADA doesn't guarantee employment to the handicapped; you should still select the most qualified applicant for the job.

You aren't allowed to ask an applicant whether he or she has a disability. And the definition of a handicap outlined by the ADA is broad, including those recovering from alcoholism or drug abuse.

I recommend that you hand each applicant a job qualification sheet, asking whether he or she meets the requirements. Establish essential job functions and list them on this sheet before advertising the position. A well-written job description is good evidence of legitimate criterion.

For more on the ADA and employing disabled staff members, visit ada.gov. And for guidance on a specific situation, consult an attorney versed in employment laws.

Philip Seibert

Philip Seibert, CVT, is an author, speaker, and consultant with Veterinary Practice Consultants in Calhoun, Tenn. Send questions or comments to ve@advanstar.com.