Do I need to include the phrase, with or without reasonable accommodation when asking about ability to perform essential functions on a job application?

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Do I need to include the phrase, with or without reasonable accommodation when asking about ability to perform essential functions on a job application?

Application currently asks, Are you able to
perform the essential functions of the job?
Does it need to state with or without
reasonable accommodation?

Asked on January 22, 2018 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, you are under no obligation to affirmatively ask the applicant (such as, for example, but including the language "with or without reasonable accommodations" on the application) whether he or she needs an accommodation to do the job. The law puts the burden on the applicant to state that he or she needs accommodations and request them.


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