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 in connection with any test administered by the client directly or by the Temp Agency on the client's behalf; - uses the results of any pre-employment test administered either directly or by the Temp Agency on its behalf, to exclude an individual on the basis of disability where the use of the results is not job-related and consistent with business necessity; - knows or has reason to know that a Temp Agency 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.