The Americans with Disabilities Act (ADA) confidentiality rules apply at every stage of employment, including the hiring process. The general rule is that supervisors and managers can be given the medical information needed to effectively implement an accommodation. Here are some examples of how this rule might apply during the hiring process:
- A candidate who is neurodiverse asks to have the interview questions in advance so she can outline her answers. The interviewer only needs to know that the questions have been provided in advance as an accommodation and that the candidate will be using an outline but does not need to know the candidate’s medical condition.
- An applicant asks for a reader for an online assessment because their screen reader is not compatible with the system. No one in the hiring process needs to know about this accommodation unless the applicant will be accessing an employer-owned computer at another stage of the hiring process.
- A candidate with a hearing impairment who relies on lip reading asks that interviewers speak slowly and clearly, do not cover their mouths when speaking, and only speak one at a time. The interviewers need to know that the candidate has a hearing impairment and what accommodations are needed so they can effectively communicate with the candidate.
- A candidate with PTSD asks to bring their service animal to the job interview. The interviewer needs to know that a service animal will be present during the interview but does not need to know the candidate’s medical condition or what function the service animal performs.
- A candidate with autism asks to have a job coach present during the interview. To effectively conduct the interview, the interviewer needs to know that a job coach will be present, why the job coach is needed, and what function the job coach will perform, but does not need to know the candidate’s medical condition.