FAQs • Concho Valley Workforce Development Board, TX • CivicEngage

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Can an employer refuse to hire a person with a disability because he believes that it would be unsafe for the individual to work with certain machinery required to perform essential work functions?: Yes. The ADA permits an employer to refuse to hire an individual if he/she poses a direct threat to the health or safety of him/herself or others.

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Disability & Accommodations

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1. Is an employer required to provide reasonable accommodation when employee applies for a job?: Yes. Applicants as well as employees are entitled to reasonable accommodation.

2. Does a person with a disability have to pay for needed reasonable accommodation?: No. The ADA requires the employer to provide the accommodation unless to do so would impose a hardship on the business.

3. Does the employer have to make non-work areas used by employees, such as cafeterias, lounges, or employer provided transportation accessible to people with disabilities?: Yes. Employers are required to provide reasonable accommodation that covers all services, programs and non-work facilities provided by the employer.

4. If an employer has several qualified applicants for a job, is the employer required to select a qualified applicant with a disability over other applicants without a disability?: No. Employers are encouraged to hire who they think will be the best fit for the position, regardless of disability status.

5. Can an employer refuse to hire a person with a disability because he believes that it would be unsafe for the individual to work with certain machinery required to perform essential work functions?: Yes. The ADA permits an employer to refuse to hire an individual if he/she poses a direct threat to the health or safety of him/herself or others.