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Following a job offer, an employer can condition the offer on your passing a required medical examination, but only if all entering employees for that job category have to take the examination.

However, an employer cannot reject you because of information about your disability revealed by the medical examination, unless the reasons for rejection are job-related and necessary for the conduct of the employer's business.

Essential functions are the fundamental job duties that you must be able to perform on your own or with the help of a reasonable accommodation.

You may be entitled to hiring, promotion, reinstatement, back pay, or reasonable accommodation, including reassignment. While the staff also will respond to individual requests for information and assistance.

The employer cannot refuse to hire you because of your disability if you can perform the essential functions of the job with an accommodation.

Once you have been hired and started work, your employer cannot require that you take a medical examination or ask questions about your disability unless they are related to your job and necessary for the conduct of your employer's business.

The Commission also recognizes that differences and disputes about requirements may arise between employers and people with disabilities as a result of misunderstandings. Applicants, as well as employees, are entitled to reasonable accommodation.

Such disputes frequently can be resolved more effectively through informal negotiation or mediation procedures, rather than through the formal enforcement process of the will encourage efforts of employers and individuals with disabilities to settle such differences through alternative methods of dispute resolution, providing that such efforts do not deprive any individual of legal rights provided by the statute. Is an employer required to provide reasonable accommodation when I apply for a job? For example, an employer may be required to provide a sign language interpreter during a job interview for an applicant who is deaf or hearing impaired, unless to do so would impose an undue hardship. Should I tell my employer that I have a disability? If you think you will need a reasonable accommodation in order to participate in the application process or to perform essential job functions, you should inform the employer that an accommodation will be needed. The requirement to provide reasonable accommodation covers all services, programs, and non-work facilities provided by the employer. The only prohibits discrimination on the basis of disability.




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