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In response to a question on a post-offer medical history questionnaire, she discloses that she was diagnosed with an intellectual disability in first grade.When the store manager tells the applicant that her disability makes him concerned about her ability to use a meat slicer and other sharp utensils, the applicant explains that she was supervised closely when she first started working as a deli clerk and that she has worked five years without injuring herself.When an applicant discloses after receiving a conditional job offer that she has an intellectual disability, an employer may ask the applicant questions about the extent of her disability.The employer also may ask the applicant to submit documentation from an appropriate professional answering questions specifically designed to assess her ability to perform the job's functions safely.Finally, an individual is covered under the third ("regarded as") prong of the definition of disability if an employer takes a prohibited action (for example, refuses to hire or terminates the individual) because of an intellectual disability or because the employer believes the individual has an intellectual disability.
For example, if an employer asks all applicants post-offer about their general physical and mental health, it can ask individuals who disclose a particular illness, disease, or impairment for more medical information or require them to have a medical examination related to the condition disclosed.The Americans with Disabilities Act (ADA), which was amended by the ADA Amendments Act of 2008 ("Amendments Act" or "ADAAA"), is a federal law that prohibits discrimination against qualified individuals with disabilities.Individuals with disabilities include those who have impairments that substantially limit a major life activity, have a record (or history) of a substantially limiting impairment, or are regarded as having a disability.Example 3: A mailroom clerk with an intellectual disability and attention deficit disorder who has performed his job successfully for five years starts to make mistakes in sorting and delivering letters and packages. The supervisor observed these changes soon after the employee moved into his brother's house.
The supervisor can ask the employee why his performance has declined and may explore ways to ensure that mail is not misdirected, but may not ask him questions about his intellectual disability unless there is objective evidence that his poor performance is related to his disability. Are there any other instances when an employer may ask an employee with an intellectual disability about his condition? An employer also may ask an employee about an intellectual disability when it has a reasonable belief that the employee will be unable to safely perform the essential functions of his job because of his disability.
They include communication, self care, home living, social skills, leisure, health and safety, self direction, functional academics (reading, writing, basic math), and work.