ADA Hiring Compliance: Lessons from the SHRM Verdict

SHRM Settlement & ADA Hiring Costs: A Disability Discrimination Hiring Compliance Case Study

In 2023, the Society for Human Resource Management — ironically, the largest HR professional association in the United States — settled a disability discrimination lawsuit for six figures after the Equal Employment Opportunity Commission found multiple ADA violations during its hiring process. The case centered on failures to provide reasonable accommodations during interviews, discriminatory application-screening practices, and job descriptions that excluded candidates with disabilities before anyone even applied. For small businesses, this settlement underscores the real costs of weak disability discrimination hiring compliance.

For small businesses with 15 to 100 employees entering November year-end reviews and Q1 hiring, the SHRM settlement is a stark reminder: disability discrimination lawsuits routinely cost $150,000 to $500,000 or more in legal fees and damages, even when the employer has fewer than 50 people on payroll.

Most violations are preventable. The root causes — screening out accommodation requests too early, writing overly restrictive job requirements, or mishandling interview logistics — happen during the exact hiring workflows you'll rely on between now and March.

Four ADA Hiring Mistakes Small Businesses Make

Mistake 1: Inaccessible job descriptions and vague essential functions. Many small businesses post generic job descriptions that list every task an employee might ever do, without clarifying which functions are truly essential. Under Title I of the ADA. Employers must identify essential job functions and offer reasonable accommodation for qualified candidates who can perform those core duties with assistance. When job postings are vague, you risk screening out qualified applicants with disabilities, or worse, defending your entire hiring process in court. The SHRM case highlighted how ambiguous job requirements created a pattern of excluding applicants who requested accommodation before the interview stage. This is a prime example of how poor ADA hiring requirements small business teams overlook lead to costly litigation. Fix: List essential functions separately and post descriptions in accessible formats.

Mistake 2: Application forms that don't allow disability disclosure or accommodation requests. Paper or online forms that omit an accommodation request field signal to applicants that your process isn't disability-friendly. Title I requires employers to provide reasonable accommodation throughout the application and interview process, but you can't offer what you don't ask about. In SHRM's case, applicants who disclosed disabilities or requested accommodations during screening were flagged and passed over, leading directly to litigation. Fix: Add a visible, voluntary field for accommodation requests on every application.

Mistake 3: Refusing or delaying reasonable accommodation during the interview process. When a candidate requests a sign-language interpreter or wheelchair-accessible interview room, the clock starts. Ignoring or postponing the request violates Title I's interactive process requirement, and courts view delays as evidence of discrimination. The SHRM settlement emphasized interview-stage accommodation failures as a core violation. Fix: Respond to accommodation requests within 48 hours and document each step.

Mistake 4: Poor documentation of hiring decisions and accommodation denials. Without written records showing how you evaluated each candidate and which accommodations were granted or denied, you cannot defend your process if challenged. Title I and Title III both require good-faith interactive process, and documentation is your only proof. This oversight is a leading reason small businesses fail to avoid disability discrimination lawsuit costs when challenged by regulators. Fix: Keep timestamped notes of every accommodation discussion and hiring decision rationale.

Job Descriptions & Application Forms

Vague job descriptions are the root of many ADA claims because they blur the line between essential and non-essential job functions. A posting that reads "must be able to stand for 8 hours" excludes wheelchair users from roles where standing is irrelevant to actual job performance. The fix: rewrite with clarity. "Must be able to present to clients—standing or sitting acceptable" preserves the essential function without imposing unnecessary mobility requirements.

Application forms need a visible accommodation request field to prevent screening and interview violations before they occur. A simple, prominent text box asking "Do you need any accommodations to complete this application or interview?" invites candidates to self-identify needs without forcing disclosure of medical history. Never ask pre-employment disability or health questions—reserve those for the post-offer medical exam phase only, after the hiring decision is made.

Interview Accommodation & Documentation

Denying or delaying accommodation requests exposes small businesses to immediate liability. An applicant asks to interview by phone instead of in-person. The hiring manager refuses without documenting a reason. The applicant sues, alleging disability discrimination. Settlement costs pile up because there is no record of the request, no response timeline, and no alternative offered.

Respond to every accommodation request within two to three business days. Document the date the request arrived, what the applicant asked for, and your response. If you deny the request, write down why and what alternative you offered instead. Provide phone, video, or written assessment options without requiring the applicant to disclose a medical condition.

Create a one-page tracking template with columns for applicant name, accommodation request, date received, approval or denial, and reason. Implement this system now—before the Q1 hiring cycle begins—so every request has a paper trail that protects your business.

Pre-Hiring Audit Checklist for ADA Compliance Checklist Hiring Practices

Before you post your first Q1 job opening, run through this 10-item pre-hiring audit. Each question maps directly to one of the four ADA mistakes outlined above, and you can complete the entire checklist in 1–2 hours. Print it, work through it with your hiring team, and check the box only when the fix is in place.

• Are all active job postings free of vague physical or sensory requirements that aren't tied to essential job functions?
• Does every application form include a visible, easy-to-use accommodation request field?
• Have all interviewers been briefed on how to respond to accommodation requests without delay or denial?
• Is a documentation system ready to track all accommodation requests and responses before the first application arrives?
• Do job descriptions list essential functions separately from preferred qualifications?
• Does your application avoid pre-employment medical questions?
• Can candidates request interview accommodations at the point of interview scheduling?
• Is there a single person responsible for processing accommodation requests?
• Are accommodation response templates saved and ready to use?
• Have you reviewed EEOC compliance guidance and your internal hiring and onboarding procedures?

Complete this checklist before your next job posting goes live.

Next Steps for November–Q1 Hiring

Small-business owners can prevent the kind of six-figure settlements that hit SHRM by fixing hiring gaps before year-end. Three concrete actions will reduce your legal exposure starting this month: run the pre-hiring audit checklist on all open requisitions by the end of November, brief all hiring managers and interviewers on accommodation request protocol before Q1 interviews begin, and document all accommodation requests, approvals, and denials from day one of your 2027 hiring cycle.

The SHRM case and similar settlements are preventable. Most violations stem from missing fields, vague descriptions, and absent documentation—problems you can fix in a single afternoon with the checklist and templates covered in this post.

Revisit your hiring practices annually and update templates whenever EEOC guidance or state laws change.

Don't wait for a lawsuit to fix your hiring process. Start with the checklist this month. PayDayPuffin. Payroll's onboarding and HR tools can help track documentation and keep accommodation records organized from application through first paycheck.