Joshua A. Stein, a Member of the Firm in the Employment, Labor, and Workforce Management practice and Co-Chair of the firm’s ADA and Public Accommodations Group, was quoted in Bloomberg BNA’s Americans with Disabilities Act Manual, in “Website Accessibility and ADA: Don’t Wait for DOJ to Regulate Get Compliant,” by Katarina E. Klenner.
Following is an excerpt:
Three areas where inaccessible technology can create problems for employers are job applications, technology necessary for employees to perform essential job functions and employee portals, noted Joshua A. Stein of Epstein, Becker & Green, P.C.
Stein co-chairs the ADA and Public Accommodations Group in the firm’s New York office and advises businesses on ADA and FMLA compliance issues.
Given the significant restrictions the ADA places on employers’ ability to obtain medical information or to conduct medical testing prior to extending an offer of employment, “employers have to be very careful about creating some sort of online application system that, because of its inaccessibility, might have the de facto effect of identifying applicants as disabled during the preoffer stage,” said Stein. Thus, if an employer only puts its application process online, then “it’s going to need to be via an accessible platform” so as not to force an applicant to disclose his or her status as a person with a disability prior to the time Title I allows the employer to have that information, he explained.
See below to download the full article in PDF format, which has been reproduced with permission from BNA’s Americans with Disabilities Act Manual Newsletter, 25 ADAM 43 (Mar. 17, 2016). Copyright 2016 by The Bureau of National Affairs, Inc. (800-372-1033) <http://www.bna.com>.