Section 5: Employment Laws

Does the ADA give job applicants with disabilities advantages over job applicants without disabilities? When there are several qualified applicants for a job and one has a disability, does the ADA require me to hire that person?

The ADA does not give hiring preference to persons with disabilities. Employers are always free to hire the applicant of their choosing as long as the decision is not based on disability. If two people apply for a data entry position for which both speed and accuracy are deemed to be necessary and essential functions of the job, the employer may hire the person with the higher speed and level of accuracy because he or she is the most qualified. Of course, the employer would be required to provide reasonable accommodations if requested.