Section 3 / Part 20
Effective Date: October 1, 2003
Placement
The counselor may provide or facilitate placement services for clients.
Disclosure of disability information to employers: Both the Rehabilitation
Act and the Americans with Disabilities Act (ADA) restrict counselor use
of confidential information with employers and in any pre-employment inquiries
by employers.
As the employer only needs to know whether the client has any functional
limitations which will impact on job tasks, the counselor must limit the
discussion to any potential functional limitations that will impact on
the clients ability to perform the job tasks or functions identified
by the employer. This discussion may also include identifying reasonable
accommodations which have been provided or which could be provided.
An employer cannot ask whether the applicant is a person with a disability.
An employer cannot ask about the nature or severity of the disability.
However, the employer may make pre-employment inquiry into an applicants
ability to perform job-related tasks or functions. The employer may ask
the applicant to demonstrate or explain how, with or without reasonable
accommodation, he or she would perform job-related functions.
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