Am I responsible for applying ADA requirements to contingent workers?

Contingent workers-those workers placed in job assignments by staffing firms, such as temporary employment agencies or contract firms-frequently qualify as the employees of both the staffing firm and its client. As a result, both the staffing firm and your organization have obligations to contingent workers under the ADA.

According to an EEOC enforcement guidance, there are two points of clarification.

• A staffing firm or its client may not ask disability-related questions or require medical examinations until after an offer of employment with a particular client has been made. But note that a staffing firm's placement of someone on its roster for future consideration for assignments is not an offer of employment.

• While a staffing firm is generally responsible for providing reasonable accommodations for job applicants, the staffing firm and the client will often both be responsible for providing accommodations needed on the job.