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 firm workers, both entities assume obligations under the ADA, including the obligation not to use qualification standards or employment tests in a manner that discriminates against individuals with disabilities. According to the EEOC, a staffing firm will be liable for violating the ADA in either of two situations: - Where the staffing firm applies a qualification standard, either directly or at its client's direction, that screens out an individual on the basis of disability and is not job-related and consistent with business necessity, or - The staffing firm knows or has reason to know that a client is applying a qualification standard that is not job-related and consistent with business necessity to screen out a staffing firm worker on the basis of disability and the staffing firm fails to take corrective action within its control.