b'andtheADA ;embodied within the new rules. The purpose of the rules is to eliminate an applicant\'s medical condition or disability from being a factor in CD- your consideration of the applicant\'s qualifica- tions forjob. You cannot ask an applicant your verbally or in writing any question that is "likely to elicit information about a disability" before you offeroffer may be employment to the applicant. Your job conditioned on the results of post-offer 11111disability related questions or medical CDityexaminations.jobapplicant\'s abilYou may ask about an Ito perform specificfunctions. You can explain the physical requirements of a I:Asjob such as the ability to lift a roll of roofing maof Julyterial, or the ability to climb ladders, and ask if 26, 1990, civilthe applicant can satisfy such requirements. .aright protection for individuals with disabilitiesYou can ask about an applicant\'s nonmedical became law. The Americans with Disabilitiesqualifications and skills, such as the applicant\'s Act CADA) guarantees equal opportunity for in education, work history and required certifica0dividuals with disabilities in employment, trans tions and licenses. You can ask applicants to,ti portation, public accommodations, state anddescribe or demonstrate how they would per-local government services and telecommunica form a job task. !Itions.Once you make a conditional job offer to the the act focuses on private employTitle 1 ofapplicant, you may ask disability related quesment discrimination and is now effective withtions and require medical examinationAS respect to all employers of 15 or more employ LONG AS THIS IS DONE FOR ALL ENees. During its 1992 annual convention, Mid TERING EMPLOYEES IN THAT JOB west RCA published a booklet focusing on theCATEGORY! ADA as well as various state disability laws. IfPrior to extending the conditional job offer to you do not have a copy ofan applicant, you may not ask the applicant that booklet, I suggest you contact Midwest RCA\'s office and re about any job-related injuries or Workers\' Comquest a copy.pensation history. And, you can\'t ask third parThe job discrimination provisions ofADAties questions that you cannot ask the applicant the are enforced by the Equal Employment Oppor directly. This means that prior to extending a BY JIM WHITTIERtunity Commissions (EEOC). The EEOC hasconditional job offer to an applicant, you cannot just finalized its rules for what can and cannotask the applicant\'s friends, family or former emMRCALEGAL COUNSELbe asked in a job interview for purposes of theployers, a state agency, or a service providing ADA. The rules are contained within the EEOCinformation about Workers\' Compensation Guidance on Pre-Employment Inquiries Underclaims about the applicant\'s Workers\' Compenthe American With Disabilities Act. You can ob sation history or job-related injuries, etc. After tain a free copy by calling the EEOC Publica you have extended a conditional job offer to the tions Information Center at 800/669-3362.applicant, you may ask about the applicant\'s The job interview is a crucial event for ADAWorkers\' Compensation history, prior sick purposes. Accordingly, it is very important thatleave usage, illnesses, diseases, impairments whoever conducts job interviews within yourand general physical and mental health. If you company be well informed concerning thesedo ask post-offer disability related questions o new rules. In the balance ofat require post-offer medical examinations, you this article, I will tempt to highlight some of the key concepts CONTINUED ONNEXT PAGE MR February 964'