How Honesty Testing Works

By John B. Miner; Michael H. Capps | Go to book overview

8
Honesty Testing and the Law: The Americans with Disabilities Act
Laws that deal with the disabled are concerned with employment discrimination, and in this sense fall within the purview of Chapter 7. However, in a number of respects this legislation is very different from the laws considered in the previous chapter. Treatment in a separate chapter is therefore required.
THE NATURE OF THE ACT
For many years, the major federal legislation dealing with discrimination against people with disabilities was the Rehabilitation Act of 1973, which applied only to the federal government, federal contractors, and recipients of federal financial assistance. With the passage of the Americans with Disabilities Act (ADA) in 1990, and its implementation for many employers in 1992, the scope of this type of legislation was expanded dramatically. The act is concerned with equal employment opportunities, requires equal availability and accessibility to all services provided by governments, and prohibits discrimination in public accommodations and services operated by a wide range of businesses serving the public.In their article in Personnel Journal ( 1992) Wayne Barlow and Edward Hane summarize the legal obligations of the act for human resource management:
1. An employer must not deny a job to a disabled individual because of a disability if the individual is qualified and able to perform the essential functions of the job, with or without reasonable accommodation.
2. If an individual who has a disability is otherwise qualified but unable to perform an essential function without an accommodation, the employer must make a reasonable accommodation unless the accommodation would result in undue hardship.
3. An employer is not required to lower existing performance standards for a job when

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