Getting organizations to use the hiring authority under Schedule A is not always as simple as that. Although organizations are given special hiring authority to increase hiring of Schedule “A” appointees, efforts still fall short of expectations. Excepted service appointing authorities are important tools for improving employment opportunities for persons with disabilities in the Federal Government.
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It cannot be emphasized enough the need for agencies to use Schedule A to recruit and retain persons with disabilities to help to build a truly diverse workforce. Employment conditions previously were not designed to encourage the hiring of people with disabilities. Questions were asked specifically about the disability of applicants meant to exclude persons with disabilities before their ability to perform the job could be evaluated. Applicants were often asked about their medical conditions when completing applications or having references checked. The tactic was perceived as a strategy to distract applicants and perhaps cause them to fall short of a stated requirement.
Schedule A appointees had no way of knowing why they were rejected.  The applicant didn’t know if the disability was at issue or if a bad reference was given or the skills did not match the requirements of the job. Congress has taken steps to separate skills from a person’s medical condition. Diversity is a relatively new phenomenon whose concepts were not previously a part of an agency’s overarching strategic plan.
The law does not allow employers to ask questions about a person’s disability or conduct a medical examination until after a conditional offer of employment has been made. Making the job offer prior to pursuing anything related to a person’s disability allows for the appropriate evaluation of the applicant’s non-medical qualifications. It is not against the law to ask questions to determine the applicant’s ability to perform a particular job function.  Employers can require a medical examination of a newly hired disabled persons as long as all persons entering a similar category of work are required to have a medical examination.
A good rule of thumb is what you do for one do it for all.
P. S. Always Remember to Share What You Do.
ADA Related Articles
Houston, I Think We Have A Problem! The Inherent Dilemmas of a Schedule “A” Appointee
Requiring a Medical Examination For Employment
