News You Can Use from Duke Disability Management System

Did you know that job applicants have an opportunity to seek disability related reasonable accommodations when applying for positions at Duke University and Health System?  Types of common applicant accommodations are sign language interpreters, special parking arrangements, modified interview schedules, and more. 

Did you know that Duke University has new Website Accessibility Guidelines? Learn more by visiting https://accessibility.duke.edu/.

Did you know that members of the Disability Management System are available for on-site visits to assess for physical accessibility and make recommendations for barrier removal?  Contact Leigh Fickling (leigh.Fickling@duke.edu) for more information.

Are the rules about when an employer may make disability-related inquiries and require medical examinations the same for employees and applicants?

• No. The ADA limits an employer's ability to make disability-related inquiries or require medical examinations at three stages: pre-offer, post-offer, and during employment. The rules concerning disability-related inquiries and medical examinations are different at each stage.
  • At the first stage (prior to an offer of employment), an employer may not ask any disability-related questions or require any medical examinations, even if they are related to the job.
  • At the second stage (after an applicant is given a conditional job offer, but before he or she starts work), an employer may ask disability-related questions and conduct medical examinations, regardless of whether they are related to the job, as long as it does so for all entering employees in the same job category.
  • At the third stage (after employment begins), an employer may make disability-related inquiries and require medical examinations only if they are job-related and consistent with business necessity.

What is a "disability-related inquiry"?

• A "disability-related inquiry" is a question that is likely to elicit information about a disability, such as asking employees about: whether they have or ever had a disability; the kinds of prescription medications they are taking; and, the results of any genetic tests they have had.
• Disability-related inquires also include asking an employee's co-worker, family member, or doctor about the employee's disability.
• Questions that are not likely to elicit information about a disability are always permitted, and they include asking employees about their general well-being; whether they can perform job functions; and about their current illegal use of drugs

Questions that are permitted include the following:

• asking generally about an employee's well being (e.g., How are you?), asking an employee who looks tired or ill if s/he is feeling okay, asking an employee who is sneezing or coughing whether s/he has a cold or allergies, or asking how an employee is doing following the death of a loved one or the end of a marriage/relationship;
• asking an employee about nondisability-related impairments (e.g., How did you break your leg?)
• asking an employee whether s/he can perform job functions;
• asking an employee whether s/he has been drinking;
• asking an employee about his/her current illegal use of drugs;
• asking a pregnant employee how she is feeling or when her baby is due;( and,
• asking an employee to provide the name and telephone number of a person to contact in case of a medical emergency.