Conditional Offers of Employment and Reasonable Accommodations

 

Conditional offers of employment are common in the trade industry and in many industries that require serious manual labor from their employees. Along with confirming the candidate’s eligibility to work in the United States and verifying their credentials and past employment history, employers need assurance that the people they hire can physically complete the tasks set before them as listed in their job descriptions, such as lifting up to 40 pounds overhead unassisted or kneeling at a station for extended periods. Even employees that don’t complete much physical or manual labor may be required to sign conditional offers of employment in which they agree to drug testing.  

Employers should list these requirements on the conditional offer of employment, along with any other employee compliance standards that are company-wide or specific to their position, such as drug testing.  

If employers choose to have the candidates that they offer positions to sign conditional offers of employment, more often than not, they will also require them to undergo a pre-hire physical examination, where the doctor will take note of anything that may impede the candidate’s ability to perform their job functions. However, along with that, they are required to fill out the accompanying reasonable accommodation form.  

Reasonable accommodations are required by law, and though what’s considered “reasonable” is subjective, most accommodation requests won’t be outlandish or extreme. Some examples could include a kneeling pad for employees that have to kneel at a station or a back brace for those that are required to lift heavy things.  

If, after the physical exam, the doctor assesses that the individual who has been offered the position can complete the tasks listed in the job description – either with or without reasonable accommodations – then the company must take on the employee, as the offer has already been made.  

With all of this said, it is important to note that we here at FBinsure are not employment attorneys and it is extremely important that you contact one if you are considering implementing conditional employment offer procedures.