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EEOC Issues ADA Guidance Respecting Contingent Workforce Industry

December 2000

On December 22, 2000, the EEOC issued Enforcement Guidance entitled "Application of the ADA to Contingent Workers Placed by Temporary Agencies and Other Staffing Firms" to remind temporary service agencies and their customers of their obligations to temporary employees under the American with Disabilities Act. The EEOC Guidance focuses on the following: (1) making disability-related inquiries and conducting medical examinations; (2) responding to requests for reasonable accommodation; and (3) using qualification standards, employment tests and other selection criteria. The crux of the EEOC Guidance is that staffing agencies and their customers may both be responsible for ensuing that each is complying with the ADA on these issues. For a copy of these guidelines, please contact a member of the Labor and Employment team at Godfrey & Kahn, S.C., or access the EEOC's website at www.eeoc.gov and click on "Enforcement Guidelines and Related Documents.

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