The U.S. Equal Employment Opportunity Commission

Questions and Answers: Enforcement Guidance: Application of the ADA to Contingent Workers Placed by Temporary Agencies and Other Staffing Firms

Notice Concerning The Americans With Disabilities Act Amendments Act Of 2008

This document was issued prior to enactment of the Americans with Disabilities Act Amendments Act of 2008 (ADAAA), which took effect on January 1, 2009. The ADAAA broadened the statutory definition of disability, as summarized in this list of specific changes.


Why did the EEOC issue this Guidance?

What ADA issues does this Guidance address?

To whom does this Guidance apply?

Disability-Related Inquiries and Medical Examinations

The ADA sets forth rules about when covered entities may ask disability-related questions or require medical examinations of applicants and employees. This guidance deals with these requirements in the unique setting of contingent work arrangements.

What constitutes an offer of employment to a staffing firm worker? (Questions 1 and 2)

What types of disability-related questions and medical examinations are permitted after an offer of employment has been made to a staffing firm worker? (Questions 3, 5)

What if a job becomes available on very short notice and there isn't time for a staffing firm worker to provide needed medical information? (Question 4)

Reasonable Accommodation and Undue Hardship

Which entity - the staffing firm or its client - has to provide a reasonable accommodation for the application process? (Question 6)

Where a staffing firm and its client are joint employers of a staffing firm worker with a disability, which one has to provide reasonable accommodations needed on the job? (Question 7)

What happens if a job becomes available on short notice and there is no time for the staffing firm or client to provide a reasonable accommodation? (Question 8)

What does the Guidance say about how staffing firms and their clients should determine cost-related undue hardship? (Question 9)

What should a staffing firm or client do if providing the accommodation is solely within the control of the other entity, e.g., where the accommodation requires changes to the client's workplace? (Question 10)

Qualification Standards, Employment Tests, and Other Selection Criteria

What does the Guidance say about the liability of staffing firms and their clients for the use of discriminatory job standards? (Question 11 )

How does the ADA apply to the administration of pre-employment tests in the contingent work setting? (Question 12)

This page was last modified on May 09, 2019.

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