Responsibilities Under the ADA - Search Committees & Hiring Officials

A hiring official may:

• tell applicants what the hiring process involves (e.g., an interview, timed written test or job demonstration);
• ask applicants whether they will need reasonable accommodations for the process.

During the hiring process and before a conditional offer is made, a hiring official may not:

• ask an applicant whether s/he needs a reasonable accommodation for the job, except when the employer knows that an applicant has a disability, either because it is obvious or the applicant has voluntarily disclosed the information, and could reasonably believe that the applicant will need an accommodation to perform specific job functions. If an applicant discloses that s/he needs a reasonable accommodation, the employer may inquire as to what type.

Search committees and hiring officials are strongly urged to use a list of predetermined interview questions that are behavior-based. This strategy benefits both the committee and the applicants by giving all candidates the same opportunity to demonstrate their knowledge, skills, and abilities.