Job interview and negotiation for reasonable accommodations Is there any legal framework for the process of negotiation of reasonable accommodations for the job interview? As far as I understand, the candidate needs to provide a letter from their doctor that states that the said candidate has certain disabilities and can't do certain things, and thus needs certain adjustments during the interview. From the side of the company, do they need to provide any evidence to support their opinion on what accommodations would be reasonable or unreasonable?
This is covered by the page Job Applicants and the ADA from the U.S. Equal Employment Opportunity Commission. There it is said: I have a disability and will need an accommodation for the job interview. Does the ADA require an employer to provide me with one? Yes. Employers are required to provide &quot;reasonable accommodation&quot; -- appropriate changes and adjustments -- to enable you to be considered for a job opening. Reasonable accommodation may also be required to enable you to perform a job, gain access to the workplace, and enjoy the &quot;benefits and privileges&quot; of employment available to employees without disabilities. An employer cannot refuse to consider you because you require a reasonable accommodation to compete for or perform a job. The page mentions as plausible required reasonable accomodations: providing written materials in accessible formats, such as large print, braille, or audiotape providing readers or sign language interpreters ensuring that recruitment, interviews, tests, and other components of the application process are held in accessible locations providing or modifying equipment or devices adjusting or modifying application policies and procedures. The page goes on to say that: You must inform the employer that you need some sort of change or adjustment to the application/interviewing process because of your medical condition. You can make this request orally or in writing, or someone else might make a request for you (e.g., a family member, friend, health professional, or other representative, such as a job coach). A letter from a doctor is not automatically required. But in some cases a prospective employer might reasonably insist on nsuch a letter. The page says: If your disability and need for accommodation are not obvious, the employer may ask you for reasonable documentation explaining the disability and why an accommodation is needed. There is no specified evidence or form that an employer need provide in rejecting a request for an accommodation. The employer is only required to provide &quot;reasonable&quot; accommodation, and is not required to provide any accommodation if it would cause &quot;undue hardship&quot; to the employer. If several possible accommodations would reasonably allow the potential employee to apply the employer may choose which one or ones to offer. It need not offer the one preferred by the prospective employee. All this also applies to accommodations for an employee after s/he has been hired or has a job offer.
Discrimination in employment is legal For example, you can discriminate to hire the more qualified or experienced candidate over less qualified ones. What you can’t do is discriminate on the basis of a protected category: The Alberta Human Rights Act (AHR Act) prohibits discrimination in employment based on the protected grounds of race, colour, ancestry, place of origin, religious beliefs, gender, gender identity, gender expression, age, physical disability, mental disability, marital status, family status, source of income, and sexual orientation. If it’s not on the list (or a proxy for something on the list), you can discriminate on it.
The detainee can stop the interview at any point and ask for legal council; signing that he has waived those rights for now does not amount to a permanent waiver. The purpose of the document is to provide evidence, should it be needed, that, having been advised of their rights, they have chosen to forego them.
It probably depends on whether the employer is covered by a relevant non-discrimination statute. Most employers in the United States are covered, but some are small enough to be exempt. Federal law exempts employers with under 15 employees and religious organizations. There might also be a relevant state law. It also would depend upon whether the EEOC or a court found that "be blessed" was a compelled religious statement in violation of a worker's beliefs, and whether allowing the worker not to say it would be a "reasonable accommodation." This is a strong case, and I suspect that the worker would win on both counts but it isn't a completely open and shut case. There is arguably a secular meaning to the word "blessed" and a court could conceivably find that there is a legitimate and indispensible business purpose for insisting that every single person in the worker's position need to make this statement, although I doubt that a court would do so.
Can a district rescind an offer of employment? Yes. Any contractural offer can be withdrawn so long as it has not been accepted. You did not accept it, so the withdrawal is legal. Can they hire someone who is not qualified ... That depends on the particular law that mandates the qualification. As a general principle, anyone is allowed to work at anything unless there is a law that says “you cant do job X unless you have qualification/licence/accreditation/whatever Y.” So you need to actually read that law. Some allow a grace period for a person to do X while they get Y and some are outright prohibitions. And there are some things that people think require a specific qualification because everybody has one but there is actually no legal requirement. For example, I’m a qualified arbitrator, adjudicator and mediator. I need the qualification to work as the first one in australia and I it to work as the second in queensland but not new-south-wales but I don’t need it anywhere to work as the last one - most mediators have qualifications but they are not legally required. I am not a qualified lawyer because I don’t need to be to work as any of the above and, indeed, merely being a lawyer does not allow you to work as an arbitrator. … and rescind my offer of employment? The eligibility of the person they chose to hire has no bearing on their decision not to hire you. If they have hired an unqualified person then that is for the relevant regulator to deal with and has nothing to do with you. Are they not obligated to hire the most qualified applicant? No they are not. Employers have the discretion to choose the applicant they consider the “best”. And they can assess how your better qualifications weigh up against someone else’s past history with the organisation. Provided they do not consider things that they are not permitted to consider under discrimination law and that the process is not corrupt, they can weight the various factors how they wish. However, if an employer has stated that they will weight various applications is a specific way, then they have to do that.
Get a lawyer. That employer is skating on very, very thin ice. You can’t have a non-compete agreement in Germany at all without the employer paying reasonable compensation. What is reasonable is decided by courts, but half your last regular salary is not “reasonable”. Especially if this would endanger your status of being allowed to work in Germany. If you were a non-German EU citizen, any non-compete agreement would be immediately invalid because it violates the right of free movement; how nonEU citizens are affected, I don’t know. The rest of the agreement seems quite illegal to me. I would think that any good employment lawyer would love to take your case.
The question reads: I see an NDA as a pseudo-public document, something you need to read in detail before you acknowledge and opt-in to limit rights (discussion of topic/tech). Unfortunately for this view, the law normally sees an NDA as a private contract, except when it is alleged that it violates public policy. If an NDA explicitly or implicitly includes itself in the list of things not to be disclosed, then posting it would be a violation of the contract. In such a case the party posting the agreement would be subject to whatever consequence the agreement specifies for violation, unless that person had a valid defense. The operator of a web site where the document might be posted would not normally ne a party to the agreement, and so would not be liable for hosting it, unless some other limitation applies, beyond the NDA itself. An NDA can indeed be a significant limitation on the signer's freedom to discuss certain topics, and a person would be wise to consider it in detail, and perhaps consult a lawyer, before signing one. But that does not mean that the person should post or distribute it publicly, nor that the person is automatically entitled to consult NDAs that others have signed. There are sufficient sample NDA forms available that a person can compare an offered NDA with other possibilities, and get an idea if an offered NDA goes beyond the usual terms.
That release needs to be provided in writing to each legal entity (read: office) that provides you with medical care. Providing the release verbally (ie: 'I say that my assistant speaks for me') does not cut it; the offices that agreed are technically in jeopardy of some hefty fines and are just trusting you won't turn around and report them. Most offices are going to have their own forms for this and won't accept some generic letter that you write up, sign, and send all of them. Have your assistant call each office and ask for them to fax over a copy of their release form. List your assistant as an authorized contact, sign it, and send it back to them.