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Complying with ADA during the Hiring process

4/18/2022

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The EEOC recently sued a Dallas company (“Company”) for discriminating against an applicant by rescinding an applicant’s conditional job off, and failing to have a conversation regarding a reasonable accommodation as part of the hiring process. The Company offered a position to the applicant conditioned on passing a medical exam and a negative drug test. The drug test came back positive due to a drug the applicant’s physician prescribed. The Company did not investigate, talk to the physician or take steps to provide reasonable accommodations, as required under the American Disabilities Act. An employer must engage in an interactive process when it learns of an applicant’s need for a reasonable accommodation.  For more information regarding requirements, the link below is a great resource or I would be glad to provide assistance as well.  

Employers | U.S. Department of Labor (dol.gov)

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