Interviewing potential applicants using an inclusive process
Abstract
The interview and selection process for applicants with disabilities has many legal considerations that can be intimidating for program staff. In most cases when an error is made, it is not because of the intent to discriminate, but because the interviewer wants to help, desires more information, or wants to clarify information. This effective practice offers some basic guidelines to help programs conduct successful interviews and was submitted by the National Service Inclusion Project in August 2008.
Issue
Care should be taken when interviewing potential applicants with disabilities to ensure legal compliance and create a welcoming environment.
Action
According to the National Service Inclusion Project, basic tips for conducting an interview include the following:
- Face person for interviewing
- Interview only in accessible locations
- Use the service description as a guide
- Create a list of questions to ask all applicants
Additional points to consider:
- You may not ask disability-related questions and you may not request medical information prior to offering the position to an applicant.
- An interview is often a conversation, and conversations with different applicants will often cover topics in different ways. However, it is important to ask all applicants the same questions. This will help ensure that you do not inadvertently obtain information from one applicant that you do not obtain from all applicants.
- During the interview, focus on questions regarding the ability of the applicant to perform the essential functions of the position with or without accommodations. Even if an applicant has a visible disability, do not make assumptions about his or her ability or the accommodations that he or she will need.
- In rare instances, service programs will require medical examinations of applicants. In no instance may you require a medical exam prior to the offer of a position, but your offer may be contingent on the results of a medical exam. If you require a medical examination after a contingent offer is made, you must require it of every applicant offered similar positions. In other words, you may not require an exam only for persons with disabilities or persons you might think have disabilities. You will need to justify any disqualification based on the results of a medical examination as job-related and consistent with business necessity. (If you are unsure about any of this information, proceed with caution and seek additional technical assistance as appropriate.)
- If accommodations are requested for the interview, you may make sufficient inquiries to enable you to provide the accommodations. Examples include using an American Sign Language (ASL) interpreter and ensuring that materials are in accessible formats, i.e., Braille and large print.
- Accommodations that may be required to perform the essential functions of the service position should not be discussed during the interview.
- If the applicant has a visible disability or discloses a disability or a need for accommodation to perform the essential functions of the position during the course of the interview, it is not advisable to pursue the issue at this point, and you cannot consider this in your selection decision. A response might be, “We are an inclusive organization that encourages participation by all persons with the skills and abilities necessary to perform tasks associated with the service position, and we provide reasonable accommodations.”
Context
An inclusive interview and selection process focuses on what an individual can contribute to his or her community through service and what the program can bring to the individual. The existence of a disability is a secondary consideration.
Outcome
These rules protect the rights of all persons and allow applicants to be assessed on merit alone. An inclusive manager focuses on an applicant’s abilities to perform the essential functions and not on speculation about possible disabilities.
For More Information
Resources
See the National Service Inclusion Project’s Fact Sheet: Q & A on Inclusive Interviewing for a list of questions you can and cannot ask applicants.
For more information and technical assistance, contact the National Service Inclusion Project or the Job Accommodation Network (JAN) at 1-800-526-7234 or www.jan.wvu.edu for more guidance.