Is it true that the ADA specifically permits employers to set production standards?
Yes. Employers are permitted to set qualitative and quantitative production standards for their workers. The language of the ADA gives considerable leeway to employers in this regard and accordingly state: …it is not the intent of this part to second guess an employer’s business judgment with regard to production standards. Consequently, production standards will generally not be subject to a challenge under this provision (ADA – 16.30.10). This is significant for physical testing since an employer can determine that it is an essential function of the job for workers to be able to move, say, 50 lb. boxes at a rate of 20 boxes per minute. The disabled applicant, capable of moving two boxes per minute, has no grounds to challenge the employer’s carefully constructed performance standard or the test used to determine the individual’s ability to move 50 lb. boxes at the established rate.
