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Can a staffing firm or its client claim undue hardship if a reasonable accommodation cannot be provided quickly enough to enable a staffing firm worker to begin, or to complete, a temporary work assignment in a timely manner? Can a staffing firm or its client claim undue hardship if a reasonable accommodation cannot be provided quickly enough to enable a staffing firm worker to begin, or to complete, a temporary... Contingent Work Arrangement Contingent Work Arrangement In A contingent work arrangement, the following principles apply where the staffing firm and client qualify as joint employers of staffing firm workers... DISABILITY-RELATED INQUIRIES AND MEDICAL EXAMINATIONS DISABILITY-RELATED INQUIRIES AND MEDICAL EXAMINATIONS Under the ADA, a covered entity, including a staffing firm, may not make disability-related inquiries or require medical... ENFORCEMENT GUIDANCE: Application Of The ADA To Contingent Workers Placed By Temporary Agencies And Other Staffing Firms Staffing firms provide ''opportunities to build a work history, experience different types of jobs, and increase ... employment marketability and earning potential through enhancement of... Example 1 Of Making a Job Offer Example 1 Of Making a Job Offer: CP applies for work with Jobmart, a temporary employment agency. A Jobmart associate interviews CP to find out about his skills, education, experience, and the... Example 10 Of Providing Accommodation Example 10 Of Providing Accommodation: CP applies with All-temps for craft work. CP wears a prosthesis in place of her missing left hand and is substantially limited in her ability to perform... Example 11 Of Providing Accommodation Example 11 Of Providing Accommodation: Same facts as example 10, except that the temporary work assignment does not begin for three weeks. Because there is adequate time for All-temps and Masters... Example 12 Of Providing Accommodation Example 12 Of Providing Accommodation: CP applies for temporary work with All-temps and is offered an assignment with XYZ Corp. Because of her disability, CP needs adaptive equipment to use... Example 13 Of Providing Accommodation Example 13 Of Providing Accommodation: Same facts as example 12, except that the adaptive equipment would not result in significant expense when the resources of the two are combined. All-temps... Example 14 Of Providing Accommodation Example 14 Of Providing Accommodation: X-Perts, a staffing firm, receives a request from its client, Clutter Corp., a manufacturer of household appliances, to fill a position editing its... Example 15 Of Providing Accommodation Example 15 Of Providing Accommodation: Same facts as example 14, except that Clutter Corp. can provide the accommodation alone without undue hardship. Clutter Corp. asks X-Perts, the staffing... Example 16 Of Providing Accommodation Example 16 Of Providing Accommodation: CP, who has Down Syndrome, has been sent by Goodstaff, a staffing firm, to various clients to work as a kitchen helper performing simple food preparation... Example 17 Of Providing Accommodation Example 17 Of Providing Accommodation: XYZ Corp. hires temporary secretaries through Quality Workers. XYZ tells Quality Workers that it requires all secretaries to have a driver's license. CP... Example 18 Of Providing Accommodation Example 18 Of Providing Accommodation: Same facts as Example 17, except that XYZ does not tell Quality Workers about the driver's license requirement. CP, however, informs Quality Workers that,... Example 19 Of Providing Accommodation Example 19 Of Providing Accommodation: HourStaff, a staffing firm, gives a pre-employment test to all applicants for temporary positions designed to measure their aptitude for performing... Example 2 Of Making A Job Offer Example 2 Of Making A Job Offer: Clean Sweep is a contract firm that hires workers to perform housekeeping duties at its clients' offices. Clean Sweep assumes full operational responsibility... Example 20 Of Providing Accommodation Example 20 Of Providing Accommodation: Same facts as Example 19. CP and other individuals with disabilities inform Items, Inc., which qualifies as a joint employer of staffing firm workers,... Example 21 Of Providing Accommodation Example 21 Of Providing Accommodation: Stock-up, a grocery store, hires cashiers, stockers, inventory clerks, and maintenance workers through Super-temps, a staffing firm. Stock-up asks... Example 3 Of Making A Job Offer Example 3 Of Making A Job Offer: After CP is interviewed for laboratory technician positions, Tempsmart offers him an assignment with a federal agency's research laboratory. The federal... Example 4 Of Making a Job Offer Example 4 Of Making a Job Offer: Same facts as example 3. The laboratory technician position that CP is offered is scheduled to begin in three days. If CP is unable to provide the results of... Example 5 Of Making a Job Offer Example 5 Of Making a Job Offer: Same facts as example 3, except that Tempsmart notifies CP at the interview that he will have to be tested for Hepatitis B and C before he begins most... Example 6 Of Providing Accommodation Example 6 Of Providing Accommodation: Workfast, a staffing firm, requires all applicants to fill out a job application form. CP, who is substantially limited in her ability to perform manual... Example 7 Of Providing Accommodation Example 7 Of Providing Accommodation: EconoShop sends all applicants for temporary positions to apply through Workfast, a staffing firm. EconoShop and Workfast are both obligated to... Example 8 Of Providing Accommodation Example 8 Of Providing Accommodation: A federal agency hires graphic artists through Sleek Design, a contract firm. Individuals with disabilities have complained to the federal agency that... Example 9 Of Providing Accommodation Example 9 Of Providing Accommodation: Just-jobs, a temporary employment agency, sends CP, who is deaf, to perform maintenance work for XYZ Corp. Both qualify as CP's employer because Just-jobs... How does the ADA apply to the administration and use of pre-employment tests in contingent work arrangements? How does the ADA apply to the administration and use of pre-employment tests in contingent work arrangements? Many staffing firms administer their own pre-employment tests to screen... If a staffing firm or client requires a medical examination, may it revoke an offer of employment if the results of the examination are not received before the assignment begins? If a staffing firm or client requires a medical examination, may it revoke an offer of employment if the results of the examination are not received before the assignment begins? Yes. Because... Is a staffing firm that uses a qualification standard to disqualify a worker because of his/her disability liable for violating the ADA? Is the client also liable? Is a staffing firm that uses a qualification standard to disqualify a worker because of his/her disability liable for violating the ADA? Is the client also liable? Where the staffing firm... Liabilities Of Staffing Firm Or Its Client Liabilities Of Staffing Firm Or Its Client The Contingent Workers Guidance discusses several bases on which a staffing firm, its client, or both may be liable for violations of the... May a staffing firm or client ask disability-related questions or require a medical examination of a staffing firm worker once s/he is employed (i.e., during the work assignment)? May a staffing firm or client ask disability-related questions or require a medical examination of a staffing firm worker once s/he is employed (i.e., during the work assignment)? Yes, if... Offer of Employment Offer of Employment Since an employer has considerable latitude in asking disability-related questions or requiring medical examinations after an offer is made, it is critical to determine... QUALIFICATION STANDARDS, EMPLOYMENT TESTS, AND OTHER SELECTION CRITERIA QUALIFICATION STANDARDS, EMPLOYMENT TESTS, AND OTHER SELECTION CRITERIA The ADA prohibits an employer from using a qualification standard, employment test, or other selection criterion... REASONABLE ACCOMMODATION AND UNDUE HARDSHIP REASONABLE ACCOMMODATION AND UNDUE HARDSHIP The ADA requires employers to provide reasonable accommodation to the known physical or mental limitations of otherwise qualified individuals... Staffing Firms With Long Contracts For Similar Jobs Staffing Firms With Long Contracts For Similar Jobs Some staffing firms have contracts with numerous clients to provide similar services on a long-term basis, such as janitorial,... To what extent may a staffing firm or its client make disability-related inquiries or require medical examinations after an offer of employment has been made? To what extent may a staffing firm or its client make disability-related inquiries or require medical examinations after an offer of employment has been made? After a staffing firm offers... What constitutes an offer of employment to a staffing firm worker? What constitutes an offer of employment to a staffing firm worker? Generally, the offer occurs when a staffing firm worker is given an assignment with a particular client. After a staffing... When Not Clear Which Entity Is To Provide Accommodation When Not Clear Which Entity Is To Provide Accommodation If it is not clear what accommodation should be provided, both entities should engage in an informal interactive process with the worker... Where a staffing firm and its client are both obligated to provide a reasonable accommodation for a staffing firm worker with a disability, how should cost-related undue hardship be assessed? Where a staffing firm and its client are both obligated to provide a reasonable accommodation for a staffing firm worker with a disability, how should cost-related undue hardship be... Where a staffing firm and its client are joint employers of a staffing firm worker with a disability, are both obligated to provide a reasonable accommodation that the worker needs on the job? Where a staffing firm and its client are joint employers of a staffing firm worker with a disability, are both obligated to provide a reasonable accommodation that the worker needs on the job? ... Where a staffing firm and its client are joint employers of a staffing firm worker with a disability, may one entity claim undue hardship where providing the accommodation is solely within the other's control? Where a staffing firm and its client are joint employers of a staffing firm worker with a disability, may one entity claim undue hardship where providing the accommodation is solely within... Which entity -- the staffing firm or its client -- is obligated to provide a reasonable accommodation for the application process? Which entity -- the staffing firm or its client -- is obligated to provide a reasonable accommodation for the application process? Typically, only the staffing firm is an applicant's... |
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