On 8/31/12, Scott Morris <swm@emanon.com> wrote: Perhaps the more reasonable thing to do would be instead of administering "vision tests"; administer practical skill proficiency tests, so you will expose only issues that effect performance on tasks required for a job. "Color vision" is such an arbitrary thing that does not necessarily translate into better performance on the task you think requires it; some candidates might have poor performance on the job-relevant tasks because of it, some candidates might have effective workarounds that work for them. Of course buying better equipment is one workaround; it might not be an option, if your org already owns equipment or is contracted to support equipment with problematic displays. The number of tasks where color alone is essential should be very small, and it might be to your disadvantage to single out based on that criteria though. If a job requirement is that they do some splices, then have your candidates do some splices, and judge their test results based on accuracy and speed. If they have color vision issues, and it causes the performance issue you assume, for that particular task, then it should bear out in the test results. If a job requirement is that the person in that role can specifically read status lights; then find a way to administer a practical exam, that requires demonstrating the ability to identify the status of things and troubleshoot using the lights, and use the hardest kind of status lights they will have to deal with on the job, as the test material. If the candidate requires some device or tool to help them read the status light, then allow them to use any personal aid available that does not require the use of another person network connectivity, plugins to the equipment, modifications to hardware, or other unreasonable requirements, to complete the task. And notify them in advance of the test conditions. Ensure whomever administers the test will only report the performance on the task, as the test results, and not whether or not any kind of aids were required, to the interviewer, so only the performance data can be used to make the decision.
The ADA act does not allow people to have access to every single job regardless of their handicap. So, if something requires the ability to see certain colors, then that's a requirement.
The ADA does not guarantee access, but if the employer or place of business meets certain criteria (which some might not meet, and therefore be exempt), the law does prohibit certain kinds of discrimination when it is possible to make accommodations that will provide access and that meet certain criteria; it is not allowed to refuse to accommodate to provide access, when the law applies, and the reason for refusal fails to meet certain requirements. When you seek the advise from your attorney, they should inform you how the law may or may not apply to your organization, with the specific kind of hiring and pre-offer testing you are considering.
Scott Regards,
-- -JH