Does the ADA require affirmative action in the hiring of people with disabilities?
No. The ADA is a nondiscrimination law. It does not require employers to undertake special activities to recruit people with disabilities. However, it is consistent with the purpose of the ADA for employers to expand their “outreach” to sources of qualified candidates with disabilities. Recruitment activities that have the effect of screening out potential applicants with disabilities may violate the ADA. For example: If an employer conducts recruitment activity at a college campus, job fair, or other location that is physically inaccessible, or does not make its recruitment activity accessible at such locations to people with visual, hearing or other disabilities, it may be liable if a charge of discrimination is filed. For more information, see http://askjan.org/links/ADAtam1.html, Chapter V. 3. Does the ADA allow affirmative action in the hiring of people with disabilities? Employers may invite applicants to voluntarily self-identify for purposes of the employer’s affirmative action
