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interviewing and ADA
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interviewing and ADA
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
An admin asst. contacted an individual to ask if they still wanted to be considered for an interview for a vacant position. The question should have been if they still wanted us to consider their resu
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Forums » Topic Forums » Legal Forum » interviewing and ADA
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interviewing and ADA
posted at 8/31/2004 12:32 PM EDT
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Posts: 2
First: 2/5/2003 Last: 8/31/2004 |
An admin asst. contacted an individual to ask if they still wanted to be considered for an interview for a vacant position. The question should have been if they still wanted us to consider their resume for a possible subsequent interview. The admin asst was speaking to the individuals father because the individual is deaf. We again reviewed our resumes and chose more experienced individuals to contact for an interview. Since then, the individual w/the hearing impairment has contacted us several times to ask about interviews. She wasn't selected because we had candidates with more experience. However, because the admin person asked her if she was interested (still) in interviewing and she has the hearing impairment, we are concerned that not interviewing this individual may be misconstrued as discrimination against her because of her hearing impairment. Bear in mind that the "essential duties" of the job are responding to a crisis hotline and completing Temporary Protective ORders with callers in addition to providing case managment for Shelter residents. Are we safe in not interviewing this person? |
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interviewing and ADA
posted at 8/31/2004 12:35 PM EDT
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Posts: 3870
First: 2/12/2002 Last: 11/2/2009 |
You are never safe. Anyone can file a discrimination charge based on their perceptions. It's free and it's easy.
Interviewing this person and still not offering her the position might worsen the situation. I suggest that you sit down with your corporate employment counsel to review what your next steps should be. |
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interviewing and ADA
posted at 9/4/2004 6:14 PM EDT
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Posts: 16
First: 9/4/2004 Last: 1/13/2006 |
Instead of speaking with the candidate's father, why did you not call and speak directly with the candidate via Relay? Had you done so, it would have shown that you at least made the effort to communicate with him/her.
Also,there are ways for people who are deaf to communicate by phone. Did you explore any of these options? |
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interviewing and ADA
posted at 9/5/2004 9:56 AM EDT
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Posts: 2442
First: 2/12/2000 Last: 9/14/2011 |
Communicate directly with the applicant and him/her that you have selected someone with better qualifications (that better be true!)
Talk with the Admin and find out why the call to the father was made and if necessary implement corrective discipline for not following proper procedures. |
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