Are there restrictions on how employers can use a person’s disability in the hiring process?

In Utah, employers must comply with the Americans with Disabilities Act (ADA) when it comes to hiring people with disabilities. This law prohibits employers from considering a person’s disability when making hiring decisions. This means the employer cannot ask a potential candidate about their disability or use any information about the disability in the hiring decision. Likewise, an employer cannot outright refuse to hire someone with a disability merely because of the disability. Also, employers must not discriminate against a person with a disability in any other aspect of the job opportunity, such as in job postings, evaluation of job requirements, job selection tests or other job-related processes. They should also be similarly accommodating for any reasonable accommodations a person may need as part of the job selection process, for example if the person is in a wheelchair and needs special access for a job interview. Finally, if an employer has a fair and reasonable rule that has a negative impact on people with disabilities, the employer must consider whether the rule is necessary and if there is an alternative way to achieve the same result that would not impact people with disabilities. In summary, Utah employers must comply with the ADA when it comes to hiring people with disabilities in order to ensure people are not discriminated against or treated differently in any aspect of the hiring process.

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