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For Immediate
Release
6/17/08
Senate Approves Bills Addressing ADA Concerns
Package
focuses on physicals for emergency responder applicants
The Senate today approved a package of bills introduced by Senator Bob
Robbins (R-50) to bring municipal law provisions governing pre-hiring
examinations of emergency responders in cities, towns, townships, and boroughs
into compliance with the federal Americans with Disabilities Act.
The ADA clearly prohibits requiring a medical examination of all applicants
before an offer of employment. However, the ADA does allow medical examinations
and inquiries with certain conditions.
"I am pleased that the Senate approved these bills to straighten out problems
that have already caused problems for some municipalities," said Senator
Robbins, who also serves as Chairman of the Pennsylvania Local Government
Commission, a bipartisan legislative service agency. "The truth is these bills
are needed to protect local governments by ensuring that they can screen
candidates for these essential public safety jobs in ways that are in compliance
with federal and state anti-discrimination laws."
Senate Bills 1363 thru 1368 deal with ADA Compliance:
SB 1363 (Paid Firemen
Civil Service Employee Law);
SB 1364 (Local Police Officers Civil Service
Employee Law);
SB 1365 (Borough Code);
SB 1366 (1st Class Township Code);
SB
1367 (3rd Class City Code); and,
SB 1368 (Firemen, Civil Service in 3rd Class
Cities Law).
The bills in the package would meet ADA requirements by:
-
Clearly delineate a difference between prohibited pre-offer "medical
examinations" and permissible job-related "physical and agility tests" that
may occur at anytime during the testing process.
-
Clearly define "medical examinations" in accordance with federal law,
include "psychological medical examinations," and specify that medical
examinations may not occur until a conditional offer of employment has been
made.
- Remove
the ability of a municipality to disqualify a candidate, at the pre-offer
stage, on the basis of a "disability," because of past or current addiction
to alcohol, or past addiction to drugs. Current illegal use of narcotics is
not a protected disability, thus a prospective employer may ask questions
related to current use of illegal drugs.
-
Clearly specify where in the process "medical examinations" may occur in
relation to the written examination, when veteran's preference points are to
be awarded, and how long eligibility lists may be in effect.
Contact:
Michael Hengst
(717) 787-1322
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