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 that it administers to an individual with a disability either directly or on a client's behalf; - uses the results of a test that it administers directly or on a client's behalf to exclude an individual with a disability where the use of such tests is not job-related or consistent with business necessity; or - knows or has reason to know that a client is administering or using pre-employment tests in a manner that discriminates against Temp Agency workers with disabilities on the basis of disability and fails to take corrective action within its control