Employee Manual 2023 - Flipbook - Page 88
prohibit employment discrimination against qualified individuals with disabilities, as well as persons
who have a record of disability or are perceived as disabled. The protection extends to all aspects
of the hiring process and all other employment related activities.
You may not ask whether or not the applicant has a particular disability. You may only ask whether
or not the applicant can perform the duties of the job in question with or without a reasonable
accommodation. If such a question is asked of one applicant, it should be asked of all.
A pregnant woman may be entitled to reasonable accommodation resulting from pregnancyrelated conditions that constitute a disability or for limitations resulting from the interaction of the
pregnancy with an underlying impairment. A reasonable accommodation is a change in the
workplace or in the way things are customarily done that enables an individual with a disability to
apply for a job, perform a job's essential functions, or enjoy equal benefits and privileges of
employment.http://www.eeoc.gov/laws/guidance/pregnancy_guidance.cfm
An employer may only deny a reasonable accommodation to an employee with a disability if it
would result in an undue hardship: an action requiring significant difficulty or expense.
Marital and Family Status
Questions that could elicit personal information about applicants' marital status or childcare
arrangements should be avoided. Employers can ask if applicants are able to work the hours
required by the job, or undertake job-related travel, as well as about the duration of any
anticipated absences. All applicants should be treated equally. Applicants themselves may ask
about the City's leave policies, such as Family and Medical Leave.
The federal prohibition against sex discrimination would be violated if an employer were to treat
people differently based on their marital status or existence of dependents.
1. You may not ask how an applicant's pregnancy may interfere with their duties. You may
only ask whether or not the applicant can perform the duties of the job in question with or
without a reasonable accommodation. If such a question is asked of one applicant, it
should be asked of all.
a. It is unlawful for an employer deny a pregnant applicant or to force a pregnant
applicant/employee to assume a lesser role (including reduction of pay), due to
their pregnant status.
2. Questions as to availability to work should be job-related: What hours can you work? What
shift(s) can you work? Can you work on weekends and/or holidays?
3. Questions on marital status, number of children, child care arrangements, etc. are not
appropriate.
Military Record
You may not ask what type of discharge the applicant received from military service. Applicants can
be asked questions about their military experience, qualifications, or training if they relate to the
actual requirements of the position and if asked, should be asked of all applicants.
City of Plymouth Employee manual - Page 88 – March 2023
