The art of the job interview ADA act of 1990

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On business, the workplace
and employee relations

September, 2007

ADA: Defining "Reasonable" Accommodation

The Americans with Disabilities Act (ADA) of 1990 requires companies to provide "reasonable accommodations" to ensure all of their employees can do their jobs A hearing-impaired telemarketer may have an amplifying device attached to his phone and a manager in a wheelchair may be allowed to eat lunch at her desk in a building with a second-floor cafeteria and no elevator



But the word "reasonable" cuts both ways For example, while a company would be required to work with the wheelchair-bound employee to make sure she is able to eat during her shift, building a new cafeteria on the main floor would be considered an "undue hardship" for the business



Some companies panic over having to give a reasonable accommodation but in the eyes of the courts it, in fact, does have to be reasonable in comparison to the company's size and financial means For example, a multimillion-dollar company might be expected to provide expensive equipment to assist a person with a disability, whereas a smaller company may not



The ADA prohibits private employers, state and local governments, employment agencies and labor unions from discriminating against qualified individuals with disabilities in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions and privileges of employment



An individual with a disability is someone who has a physical or mental impairment that substantially limits one or more major life activities; or has a record of or is regarded as having such an impairment



That last part - "regarded" - is important to remember An employee does not have to come to a manager and request a reasonable accommodation for ADA to take effect For example, if a manager sees that an employee wears a back brace, she should not ask him to carry heavy boxes The manager is compelled to review and assess the accommodation



Use common sense where it's obvious that an issue may exist Always err to the side of caution by asking if the person needs help, especially if they are "regarded" as having a disability



This careful approach does not have to start after a new employee is hired Although you can't discriminate when interviewing based on disability, you can ask candidates if they can perform the essential functions of the job

"Love Your White Hair" Oops!

The Art of the Job Interview

When conducting job interviews, everyone wants to get as much information out of their candidates as possible to find the best fit for their business You may ask questions to determine if candidates have the flexibility to work overtime, to learn if they are physically capable of handling all the tasks of the position or you may simply want to get to know them



But phrasing questions aimed at garnering important information the wrong way or even dropping your guard while trying to make small talk could put you and your company in hot water For instance, commenting on someone's lengthy career in the industry as an icebreaker could backfire if he doesn't get the job and levels a charge of age discrimination



Here are some examples of what not to say to obtain pertinent information, followed by a better way to go about it



Don't say: From time to time this job requires overtime Would any commitments at home prevent you from putting in extra hours?

Do say: From time to time the job requires overtime Would that be a problem for you?



Don't say: So tell me about yourself Do you have kids?

Do say: So tell me about yourself What has been your greatest professional achievement to date?



Don't say: I see you graduated from Yale in 1965 You must have many years of experience

Do say: I see you graduated from Yale with a degree in technology Tell me how you think your education might assist you in this position?

Work Your Networking

When was the last time you passed a job lead along to someone else? If networking is a fundamental approach to job hunting, then understanding how to network is critical Rule Number One: It isn't all about you Helping others in their job search is a great way of encouraging them to help you in yours Call it career back-scratching if you like, but if you want colleagues in your network to keep you in mind, just making them aware you're looking for work isn't always enough



When hunting for your own career opportunities, be a "gatherer" for others When you become aware of jobs that might be similar to what you're looking for but really aren't a good fit, make a mental note It could be that job is perfect for a current or former colleague Passing it along shows you're thinking of them and they'll try to return the favor



When networking it helps to listen to what others are saying, rather than just downloading your needs on to them The fact is you may already know of a job that is ideal for someone, but aren't aware of it But you could be in a casual conversation with someone who mentions something job-related and a light-bulb goes on You heard of a job down at Acme Pass the lead along and hope it works out



If you really want to make a strong connection, make a personal referral for someone Consider how grateful you are when someone puts in a good word for you with a potential employer You'd love to repay the favor Be the person who makes that extra effort for someone Make an introductory call or send an email that opens a door for someone But also be cautious When you make a personal recommendation you're exposing your own credibility with someone who knows and respects you If it works out you'll be doing two people a favor by providing a skilled employee to the employer and helping your friend or colleague land a job But if it doesn't, you may not have helped either So know your colleague well

Honey, I'm Home

In a recent survey BusinessWeek magazine asked 2000 middle managers which "scares" them the most: China, Wall Street, their computer, their boss or their spouse Among women, 5 percent said their spouse scared them the most But among men it was 11 percent More male middle managers are afraid of their spouse than their boss (6 percent) or their computers (4 percent) The good news is they're more afraid of China (52 percent) and Wall Street (27 percent) than their spouses

Pushing Addiction Recovery

September is National Alcohol and Drug Addiction Recovery Month, a reminder to the public that all sectors of society, including the workplace, are vital to make recovery from addiction achievable According to the US Department of Labor, 73 percent of drug users are employed, costing American businesses billions of dollars annually in lost productivity and health care costs But many recovering alcoholics and drug abusers are positive contributors to their workplaces in part because they work in supportive environments



The Substance Abuse and Mental Health Services Administration's (SAMHSA) Center for Substance Abuse Treatment (CSAT) offers a free Recovery Month toolkit Find it at http://wwwrecoverymonthgov/2007/kit/defaultaspx And Oct 14-20 is National Drug-Free Work Week, another effort to ensuring a safe workplace and to encourage workers with alcohol and drug problems to seek help The Department of Labor provides a list of ideas on celebrating the week for employers and individuals at http://wwwdolgov/asp/programs/drugs/workingpartners/wpdrug-freeasp