HR Hotline: Can We Rescind a Job Offer Based on Office Accessibility?

Q: We just learned that an applicant for an open position with our company uses a wheelchair. They didn’t mention this initially; it was only when we reached out to schedule an interview that they revealed this information.

The wheelchair use isn’t a problem for the position, but our office is on the second floor, we don’t own the building, and it doesn’t have an elevator. Can we rescind the interview offer, based on their inability to access our offices? 

A: No. If you rescind the interview offer on that basis, you may violate the Americans with Disabilities Act. 

The ADA makes it unlawful for an employer to discriminate against a qualified applicant or employee with a disability.

The term “discriminate” includes an employer’s denial of employment opportunities to a qualified job applicant, if the denial is based on the employer’s need to make reasonable accommodations for the applicant’s disability.

In other words, you may not rescind an interview offer based on the applicant’s need for reasonable accommodations—whether those accommodations are for the interview, or for the job itself.  

An employer need not provide a specific accommodation, if it would cause an “undue hardship,” meaning that it would require significant difficulty or expense.

For your applicant, a reasonable accommodation for the interview process may include moving the interview location. 

Employer Responsibilities

It’s important that you discuss these issues with the applicant, so you can agree on an accommodation that works for them, and is reasonable for you.

Note that these types of disability-related discussions are typically not appropriate prior to making a job offer.

However, when the applicant discloses a disability and their need for accommodations, you may ask what they need to complete the interview process. 

An employer must provide a reasonable accommodation, unless doing so would be an undue hardship.

Of course, this begs the question: how will they be able to do the job if they are hired? 

Ultimately, the analysis is the same. An employer must provide a reasonable accommodation, unless doing so would be an undue hardship.

Whether an accommodation is an undue hardship is an individualized inquiry that will be different for each employer, depending on its size, financial resources, and the nature of its business.  

Potential Accommodations

Installing an elevator would likely be unduly costly and disruptive to your business.

However, perhaps you and the employee could identify other potential accommodations, like allowing remote work, moving the employee’s workspace to the ground floor, or installing a platform lift on the staircase.  

The EEOC has emphasized that employers must consider potential outside funding sources where cost alone causes the undue hardship. 

You and the employee could identify other potential accommodations, like allowing remote work.

So before you rescind that interview offer, reach out to the applicant. Find out what their limitations are, and what they need to complete an interview.  

Note that this article covers an employer’s duty to comply with the non-discrimination provisions of Title I of the ADA.

Title III of the statute governs public accommodations and commercial facilities, including private entities that operate businesses open to the public.

This part of the ADA requires the installation of elevators in certain circumstances. You can find more information about those building and design requirements here.

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HR problems or issues? Email or call CBIA’s Diane Mokriski at the HR Hotline (860.244.1900). The HR Hotline is a free service for CBIA member companies and is intended to provide general information and does not constitute legal advice. Please consult with legal professionals for specific guidance for your situation.