Design guidelines for accommodating amputees in the workplace
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Permissible follow-up questions at this stage differ from those at the pre-offer stage when an employer only may ask an applicant who voluntarily discloses a disability whether she needs an accommodation to perform the job and what type.
The employer must keep any information an applicant discloses about her medical condition confidential.
The Americans with Disabilities Act (ADA), which was amended by the ADA Amendments Act of 2008 ("Amendments Act" or "ADAAA"), is a federal law that prohibits discrimination against qualified individuals with disabilities.
Individuals with disabilities include those who have impairments that substantially limit a major life activity, have a record (or history) of a substantially limiting impairment, or are regarded as having a disability.
Finally, an individual is covered under the third ("regarded as") prong of the definition of disability if an employer takes a prohibited action (for example, refuses to hire or terminates the individual) because of diabetes or because the employer believes the individual has diabetes.
Title I of the ADA limits an employer's ability to ask questions related to diabetes and other disabilities and to conduct medical examinations at three stages: pre-offer, post-offer, and during employment. May an employer ask a job applicant whether she has or had diabetes or about her treatment related to diabetes before making a job offer? An employer may not ask questions about an applicant's medical condition 2.
Many individuals, however, must take oral medication and/or administer insulin injections to manage their diabetes.
As a result of changes made by the ADAAA, individuals who have diabetes should easily be found to have a disability within the meaning of the first part of the ADA's definition of disability because they are substantially limited in the major life activity of endocrine function.("Reasonable accommodation" is discussed at Questions 10 through 15."Direct threat" is discussed at Questions 6 and 16 through 18.) Example 2: A qualified candidate for a police officer's position is required to have a medical exam after he has been extended a job offer.Some women develop a type of diabetes called gestational diabetes during pregnancy when their bodies are not able to make and use all the insulin it needs, but may not have diabetes after giving birth.Without enough insulin, the glucose stays in the blood.After an employer has obtained basic medical information from all individuals who have received job offers, it may ask specific individuals for more medical information if it is medically related to the previously obtained medical information.