Having a solid Indiana Business Insurance policy protects your business from myriad risks ranging from property damage due to inclement weather. One common reason why employers are being sued is that disabled job applicants claim they’re being discriminated against in the hiring process. Not only is imperative to protect your investment with an ironclad Indiana Business Insurance policy, but it’s also essential to ensure your business is ADA compliant.
Protect Yourself: Err on the Side of Caution
Even if you have zero intention of discriminating based on a person’s physical limitations or any other reason, being mindful of ADA regulations will help you avoid the wrong questions. Your best defense as an employer and an interviewer is to err on the side of extreme caution. You may think you’re having an innocent conversation with a jobseeker, but you may be violating the law unknowingly.
A Slippery Slope
Here are examples of situations that could violate the ADA, according to Find Law for legal professionals.
- Telling an applicant, “This job requires unloading heavy boxes off of trucks a couple times a day” is fine. Asking, “Do you have a disability that would prevent you from carrying out that task?” is considered discriminatory. Stating the job requirement and asking if they are able to do that is not considered discriminatory.
- If an applicant volunteers that he or she has a disability, don’t ask a follow-up question such as, “Are you expected to recover?” or “Will that interfere with your work?”
- Never ask a direct question such as, “Are you HIV-positive?” or “Do you suffer from epilepsy?”
- You are able to ask an applicant if he or she drinks or has ever used illegal drugs. You cannot legally ask if he or she has been treated for drug addiction or ask how much alcohol the applicant drinks per day or per week.
- You can legally require a potential employee to undergo a medical examination. However, you cannot legally require an applicant to undergo a medical exam before you make him or her a conditional employment offer.
If this sounds confusing, it is. It may be a good idea to speak to a lawyer well-versed on ADA law about your interviewing questions and procedures to make sure there are no red flags. It’s definitely imperative to make sure you have an ironclad business insurance policy in force in case you are accused of hiring practices that violate the ADA. Trust the professionals at Walker & Associates Insurance with this important task. Call us today at (888) 760-7292 to make sure your business is well-protected.