Originally Posted by
Stimpy the Kat
I remember many of the airline's application forms in the 90's slipping in some sort of question like : " Any Waivers" or " Statements of Demonstrated Ability" - if so, what for?
I believe you. UAL vs Sutton wasn't decided until 1999 and it took Congress about 8 more years to revise the ADA to preclude employers doing that.
Of course any caught TRYING to do that now would probably be paying the individual through the nose if they didn't give him/her (although for color deficiency mostly him) the job after they ask the question, and in trouble with the DOJ either way. Stupid policies CAN be changed, no matter how hallowed by tradition. Although sometimes - yeah, it takes something like amending the ADA to do it.
From the EEOC website:
Can an Employer Require Medical Examinations or Ask Questions About a Disability?
If you are applying for a job, an employer cannot ask you if you are disabled or ask about the nature or severity of your disability. An employer can ask if you can perform the duties of the job with or without reasonable accommodation. An employer can also ask you to describe or to demonstrate how, with or without reasonable accommodation, you will perform the duties of the job.
An employer cannot require you to take a medical examination before you are offered a job. Following a job offer, an employer can condition the offer on your passing a required medical examination, but only if all entering employees for that job category have to take the examination. However, an employer cannot reject you because of information about your disability revealed by the medical examination, unless the reasons for rejection are job-related and necessary for the conduct of the employer's business. The employer cannot refuse to hire you because of your disability if you can perform the essential functions of the job with an accommodation.
Once you have been hired and started work, your employer cannot require that you take a medical examination or ask questions about your disability unless they are related to your job and necessary for the conduct of your employer's business. Your employer may conduct voluntary medical examinations that are part of an employee health program, and may provide medical information required by State workers' compensation laws to the agencies that administer such laws.
The results of all medical examinations must be kept confidential, and maintained in separate medical files.