Interviewing Workers Compensation and the Americans with Disabilities Act

Asking Acceptable Questions When Interviewing Workers Under ADA

Since the enactment of the Americans with Disabilities Act (ADA) in 1990 job interviews often are needlessly uncomfortable for many employers. In addition, many workers’ compensation laws add additional restrictions on questions about prior workers’ compensation claims. Nevertheless, a skilled interviewer can obtain all the information needed about an applicant without coming close to violating statutes regarding disability.

Applicants inherently want to talk about themselves. In an interview with a comfortable atmosphere the most important characteristics – motivation and character -quickly emerge if the interviewer lets them. Therefore, if you want to learn more about the applicant, listen more and ask less.

People who are comfortable quickly allow a conversation to drift into areas regarding their strengths, principally what the employer wants to know. People plagued with negativity also let it be known without much prodding, if allowed to express themselves.

A young applicant, even with severe physical restrictions, does not acquire optimism and skills without an attitude allowing for the successful navigation around hurdles. Nor are such people a risk for extended disability. They have already learned what every vocational rehab specialist tries to instill – optimism and creativity in solving physical tasks.

In a job interview, describing the mental and physical skills of the job opening is as necessary as describing the hours, pay and benefits. No law prevents those from being discussed. A confident applicant has the sense not to apply for a position they cannot reasonably fill and will be the one to initiate discussion of possible problems.

It is more important to notice and remember indications of attitude catastrophe; the principal reason relationships go bad, than to focus on probing questions.

Try approaching the interview this way:

Begin with basic questions not likely to elicit tension.
Allow the applicant to talk, and expand, where the topic is comfortable.
Listen and don’t assume.
Supplement with brief descriptions of tasks and duties.
Carefully listen to the responses.

Remember, job applicants are making a first impression on you. And in turn, the company is making a first impression on them. (workersxzcompxzkit)

Goal: A person who skillfully listens is more respected than a person who unskillfully talks, and is a person who learns what needs to be known.

Author: Attorney Theodore Ronca is a practicing lawyer from Aquebogue, NY. He is a frequent writer and speaker, and has represented employers in the areas of workers’ compensation, Social Security disability, employee disability plans and subrogation for over 30 years. Attorney Ronca can be reached at 631-722-2100.

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All state laws vary.