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By: Andrew Kim
On November 27, 2020, the EEOC issued three revised publications discussing the employment of veterans with disabilities. One of those publications is a revised guide for employers on how the ADA applies to the recruiting, hiring, and accommodation of veterans with disabilities. One topic of note is the EEOC’s guidance to employers on applicants who are disabled veterans.
Employers generally may not ask for medical information from applicants before making a job offer. However, according to the Revised Guide, employers may ask applicants to voluntarily self-identify as individuals with disabilities or a disabled veteran if the employer is:
Employers also can ask organizations who assist disabled veterans find employment whether it has suitable applicants for a particular job. It is important for employers to know that, if a written questionnaire is used for the purpose of having applicants voluntarily self-identify as disabled veterans, the written questionnaire must “indicate clearly and conspicuously” or “clearly state:”
The information collected for affirmative action purposes must be kept separate from the application itself in order to maintain confidentiality.
The EEOC’s Guidance states that, while the ADA prohibits discrimination on the basis of disability, it does not prevent affirmative action on behalf of disabled individuals. Therefore, per the guide, an employer can hire disabled individuals, which includes disabled veterans, over a qualified individual without a disability.
If you have any questions or would like more information, please contact Andrew Kim at [email protected]