Comment on FR Doc # 2011-31371

As a Human Resources professional, I do have some concerns about this proposed rule. We do not ask job applicants regarding their disability status. We may only learn about an individual's disability when an offer of employment is extended and the candidate requests an accommodation in order to meet the essential functions of the position. Setting a goal to hire individuals with disabilities would be nice, but not ideal. If we ask someone if they are disabled, and then decline to hire her/him, we risk a lawsuit for wrongfully failing to hire the person even if they were not qualified for the position. Additionally, we may unknowingly hire individuals who are disabled but did not release that information to us. The individuals may be concerned about job protection and fail to inform us of their disability status. We may unknowingly reach our goal in this situation, especially given the expanded definition of "disability" under the Americans With Disabilities Act Amendments Act. Guidance on how we can determine disability status without incurring liability as an employer would be appreciated.