The Americans with Disabilities Act (ADA) of 1990 is a civil rights law that prohibits discrimination against people with disabilities in all areas of public life. The law provides equal opportunities to every person with disabilities in all fields of life. Title I of the law deals with the employment opportunities for such people and it has been made mandatory for any business organisation with 15 employees or more, State or local, employment agencies, and labor unions to provide an ADA compliant hiring process.
The law constitutes that qualified individuals with disabilities should not be deprived of employment opportunities. Companies should make provisions for ADA compliant hiring process to avoid getting penalized.
Definition of Disability by ADA
According to the ADA, a person is said to be disabled if and when the person:
- Has a physical or mental impairment that significantly restricts a major life activity.
- Has a record or history of significantly restricting impairment.
- Is perceived by the employer to have a restricting impairment.
A person exhibiting any one of these points is determined to be a disabled person and has the right to undergo an ADA compliant hiring process.
Checklist for an ADA Compliant Hiring Process
With the ADA being made mandatory for most of the companies and companies getting legalized for not adhering to the law. It is very much important for companies to clarify what needs to be done to comply with the law. The Office of the Federal Contract Compliance Programs (OFCCP) has launched an initiative called “Ensuring the Accessibility of Online Application Systems.” The main purpose of the initiative is to ensure that the hiring process of companies is ADA compliant. The following are the points that need to be maintained to remain within the obligations of the ADA:
- Application Process: An application is the first step towards the whole process. Companies need to make sure that their application process complies with the ADA implications.
There should be provision for voice mechanism or screen-reading software for visually impaired candidates. The companies should also check out if their application requires too much typing or has too many boxes to tick. People with dexterity issues may find these problematic. Web Pages that satisfy the needs of people with sensory or neurological impairments should be provided by the companies.Companies should also give alternative options to fill the application other than just online applications.
Job descriptions should be ADA compliant and should not be discriminatory against disabled people. - Interview Process: The interview process may be taken either physically or remotely. Companies need to make sure that they can provide answers to some questions before processing the interview according to the ADA guidelines.
- If the interview will be taken physically, then, is the location accessible to everyone?
- Is there a provision of ramps for candidates with wheel-chairs?
- If the interview will be taken through the phone, then, is there an alternative provision for deaf candidates?
- If the interview will be a video interview, then, is there a provision for visually impaired candidates?
The interviewer should ensure that none of the questions stand out as harassment towards a candidate’s disability. The candidate should not be made to feel special as that would be unethical and against the law.
- Offer and On-boarding Process: After the selection is done, the selected candidates should be made the offer. Before the offer is made, companies need to make sure that they can provide the necessary requirements to the disabled candidates once they are on-boarded.
The companies need to provide reasonable accommodations to the disabled candidates keeping in mind the undue hardship.
- Specialized keyboards or mouses.
- Dictation software.
- Flexible work hours according to job requirements.
- Adjustable desk facilities.
- Bars to grab in restrooms.
- Medical facilitations if possible.
Penalty for Non-Compliance with ADA
There are a lot of penalties for not providing an ADA compliant hiring process.
- A person with a disability may sue the company if the hiring process is inaccessible.
- The company may have to endure legal fees, settlement, or a PR problem for not complying with the ADA.
- The brand reputation gets tarnished.
- If a company gets entangled with ADA non-compliance, then, it leads to less customer engagement.
Companies like Amazon and Target were sued and had to pay millions to make their websites ADA compliant. There have been many cases of lawsuits against companies for not maintaining ADA compliance such as The Winn-Dixie Case, Blick Art Materials Case, etc
ADA Compliant Hiring Process with Glider.ai
In line with ADA (Americans with Disabilities Act of 1990) and in keeping with Glider’s commitment to enable and provide equal opportunities for all candidates, all assessments come with special ‘Accommodations’ for disabled candidates.
Accommodations allow candidates with disabilities to have access to assessment features that enable their skill assessment to be carried out without them facing any issues or inconvenience.
Applying for Access to Glider’s Accommodation Features:
Glider.ai assessments can be configured to allow accommodation requests. In this case, on clicking the assessment link, the candidate has to fill a Voluntary Self-Identification of Disability form.
Filling this form enables candidates with disabilities to have access to Glider’s Accommodation features. It also allows them to request for extra time for taking the assessment.
Receiving and Reviewing a Candidate Accommodation Request:
Once a candidate requests for Accommodation, the recruiter receives and reviews the request.
Candidate Accommodation Request Approval:
The candidate is provided access to Accommodation features if they are deemed eligible for the same, in compliance with ADA.
Glider Accommodation Features
- Coding Theme and Font Selection: During the assessment, candidates with visual disabilities/color blindness can pick a dark/light/high-contrast theme, change brightness as well as font sizes during the coding tasks.
- Accommodation for Alternate Assessment Method: There are a lot of disabilities that can’t be supported in the assessment workflows. In such instances, candidates can request for alternatives to Online Assessment such as Direct Face to Face Interview, Phone-Interview, or any alternative assessment method that they feel is most suitable for them. We have a built-in process for it.
