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The
ADA does not require employers to engage in "affirmative
action" programs to hire persons with disabilities. It
does prevent employers from engaging in discriminatory
practices. Examples of prohibited practices are:
An employer may not ask whether an applicant has a disability
before making a job offer. Employers can ask whether a
job candidate can perform the essential job functions
either with or without "reasonable accommodations."
An employer may not recruit in any way that discriminates
against applicants with disabilities. For example, if
an employer provides background information on the employer's
business to applicants, that information must be available
in alternative formats (e.g. braille) for applicants whose
disability so requires.
An employer cannot fail to make "reasonable accommodations"
to the known disability of an applicant or employee during
the interview or on the job.
An employer may not offer different benefits to a prospective
employee because of that person's disability. For instance,
an employer who offers health coverage cannot require
a larger co-payment from a disabled employee.
An employer may not require pre-employment medical examinations.
An employer may require a medical examination after an
offer of employment has been made if all entering employees
are subject to such examination regardless of disability.
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