ENFORCEMENT GUIDANCE: Application Of The ADA To Contingent Workers Placed By Temporary Agencies And Other Staffing Firms Definition of Employment Agency The term "employment agency" means any person regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for... Liabilities of a Temp Agency Under ADA A Temp Agency firm will be liable under the ADA if the temp agency. - fails to provide a necessary reasonable accommodation, absent undue hardship, in connection with pre-employment tests... Liabilities of the Clients of Temp Agency Under ADA A client of a Temp Agency will be liable under the ADA if the client: - fails to provide a necessary reasonable accommodation, absent undue hardship, for an individual with a disability... Offers of Employment By Staffing Firms In today's job market, an increasing number of employees obtain employment through staffing firm work arrangements. Staffing firms may include temporary employment agencies, contract... Temp Agency Agreements With clients Regarding Accommodations A Temp Agency may wish to specify in its contracts with its clients that the client will provide reasonable accommodations that are required on the job or specify how the costs of any... Temp Agency Mandates Under ADA ADA's requirements pertaining to qualification standards and employment tests apply to staffing firms and their clients. Where the staffing firm and the client are joint employers of staffing... Staffing Firm Meeting Undue Hardship Under ADA Complications in the undue hardship assessment may arise where an individual with a disability may be considered a joint employee of both a staffing firm, such as a temporary agency or... |
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