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#543255 - 05/04/06 05:07 PM ADA-INTERVIEW PROCESS
Cloud 9 1/2 Offline
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Joined: Oct 2005
Posts: 14
LA & TEX
Does the bank have to accommodate an applicant that had recent surgery and cannot leave their home at this time? They applied for a professional position that needs to be filled shortly. All applicants are supposed to be interviewed, but she cannot since she's currently confined to her home. What must the bank do? Any requirements under the ADA?? (She is a qualified candidate.)

This is not really my territory, so any link or opinion would be greatly appreciated.
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Human Resources
#543256 - 05/04/06 07:44 PM Re: ADA-INTERVIEW PROCESS
OkieOps Offline
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OkieOps
Joined: May 2001
Posts: 752
OK
Could you do an interview via telephone?

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#543257 - 05/04/06 08:13 PM Re: ADA-INTERVIEW PROCESS
Cloud 9 1/2 Offline
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Joined: Oct 2005
Posts: 14
LA & TEX
I'm looking to find any regulatory requirements per ADA or other. Yes a phone interview may be a possibility, but is there anything that requires any accommodation??
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#543258 - 05/04/06 10:13 PM Re: ADA-INTERVIEW PROCESS
rlcarey Online
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rlcarey
Joined: Jul 2001
Posts: 83,371
Galveston, TX
You need to talk to an employment attorney, but I don't believe that someone recovering from surgery is covered under ADA. Coverage is usually limited to impairment of a major life activity. Short term recovery from a surgery would not normally qualify (by itself) as a disability requiring accommodation.
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#543259 - 05/09/06 09:30 AM Re: ADA-INTERVIEW PROCESS
Bob McComas Offline
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Bob McComas
Joined: Sep 2002
Posts: 570
Dallas, Texas
Under the ADA a qualified employee or applicant is anyone who:

a. Has a physical or mental impairment that substantially limits one or more major life activities;
b. has a record of such an impairment; or
c. Is regarded as having such an impairment.

In addition, a qualified employee or applicant with a disability is an individual who, with or without reasonable accommodation, can perform the essential functions of the job in question.

Based on your information, this is appears to be a temporary medical condition that is not a permanent disability and right now the person cannot perform the essential functions of the position.

Therefore, the bank has no liability with regard to the ADA to consider this person as a qualified applicant, and subsequently no reasonable accommodation can be made.

Tell the person that whenever they are released from medical care and able to resume normal work activities, they can reapply for the position if it is still available.

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