Employment Law Practice Exam

Under the ADA, how should performance appraisals for disabled persons be conducted?

1. They should not hold disabled persons to the same standards as non-disabled persons.

2. They cannot consider difficulties in non-essential job functions.

3. They should assess performance both with and without reasonable accommodations.

4. They are not permitted due to disadvantages faced by disabled employees.

The correct answer is: They should assess performance both with and without reasonable accommodations.

The Americans with Disabilities Act (ADA) emphasizes the importance of providing equitable treatment to individuals with disabilities in the workplace, including during performance appraisals. Conducting performance appraisals by assessing performance both with and without reasonable accommodations is essential for ensuring that disabled employees are evaluated fairly and accurately. This approach acknowledges that reasonable accommodations may enable employees with disabilities to perform their job functions more effectively. By considering both scenarios—performance with accommodations and performance without them—the employer gains a comprehensive understanding of an employee's capabilities and contributions. This dual assessment helps to ensure that any potential biases related to the disability are mitigated, allowing the true performance of the employee to be recognized. Moreover, this method also aligns with the ADA's broader goal of fostering inclusion and providing equal opportunities for all employees, regardless of their disability status. It recognizes that employees can have varying levels of capability depending on the support they receive, and such a fair assessment can guide future training and development opportunities to further assist those employees. Other choices do not align with the ADA’s principles. Not holding disabled persons to the same standards undermines the concept of equal opportunity. Excluding considerations of non-essential job functions would overlook the full scope of an employee’s role. Lastly, disallowing performance app