GNYADA February 2017 Newsletter

EEOC’s New Guidance on Mental Health Conditions 3

Employers are permitted to ask applicants to explain or execute job tasks they will need to perform, and base a hiring decision on those demonstrations. If job candidates do talk about their condition for any reason, they are protected from discrimination and the information must be kept confidential from co-workers if they are hired. Employers must have objective evidence that someone can't perform the duties of the job, or that he or she would create a significant safety risk (even with a reasonable accommodation), before rejecting the individual for a position. Dealers are advised to keep these guidelines in mind when addressing matters of worker disability.

The EEOC guidance reiterates that it is illegal for an employer to pass over a job applicant simply because he or she has a mental health condition. Employers can decide not to hire a person if that individual cannot perform the duties of the job; however, a determination of whether an applicant can perform those duties should not be based on stereotypes about mental health conditions. Generally, employers cannot ask applicants if they have any mental health conditions before making a job offer. The EEOC states: “Before a job offer has been made, you can’t ask questions about an applicant’s disability or questions that are likely to reveal whether an applicant has a disability. This is true even if the disability is obvious."

The Equal Employment Opportunity Commission (EEOC) issued guidance reminding employers that employees and job applicants are protected from discrimination and harassment based on depression, post-traumatic stress disorder, schizophrenia and other mental health conditions. Further, mental health conditions may be kept private before a job is offered. Mental health conditions are no different than physical health conditions, under the law. According to the Americans with Disabilities Act , mental impairments that impact one's day-to-day life qualify as protected disabilities. The New York State Human Rights Law also specifies that certain mental impairments are also categorized as disabilities. This year’s National Automobile Dealers Association (NADA) Convention took place in New Orleans, LA. Dealers from around the country spent the four-day confer- ence networking, attending seminars and meeting with numerous vendors that specialize in maximizing dealer- ship success. The 2017 Convention was a special one for NADA, as the organization celebrates its 100-year anniversary. At a special opening general session, 8,000 people gathered in honor of “NADA 100”. The event was keynot- ed by Ford CEO Mark Fields. 4

Dealers Nationwide Attend “NADA 100” Convention in New Orleans

In addition to the numerous seminars and factory meetings, there was an important day-long event which offered attendees new insights into emerging developments in automo- tive retail. The J.D. Power Automotive Summit delved into the new challenges facing retail dealers, including OEM incentive programs, the effects of car buyers opting for longer-term vehicle loans, and the importance of embracing electric

vehicles and other mobility trends. At the Automotive News Retail Forum , representatives from various OEMs and large dealer groups addressed operational issues that are shaping the future of the industry. Topics included dealership recruiting, hiring millennials, the digital shop- ping/buying process, and the poten- tial for dealer groups to expand inter- nationally.

Greater New York Automobile Dealers Association • www.gnyada.com

The Newsletter • February 2017

2