The Americans with Disabilities Act prohibits employers from discriminating against people with disabilities or even asking questions that could influence an employment decision. Employers can avoid legal problems by training managers on what they can and can’t ask during the hiring process.
Before making a conditional offer of employment, an employer may not ask any health-related or disability-related questions, unless the disability is obvious or the applicant has mentioned it. (In that case, some limited questions about accommodations may be allowed under the law.) Employers can require job-related medical examinations and make insurance-related only after a conditional job offer has been made.
Questions some employers might have routinely asked are now off limits, including:
- Have you ever had or been treated for any of the following conditions or diseases (followed by a list)?
- Have you ever been hospitalized?
- Have you ever been treated for a mental disorder?
- How many days were you absent from work last year due to illness?
- Do you have any known physical disabilities?
- Are you taking any prescription medicines?
- Have you ever been treated for alcoholism or drug addiction?
- Do you have any physical or mental impairments that would affect your job performance?
- Have you ever filed a workers’ compensation claim?
While disability-related inquiries about job applicants — which can include questions to co-workers, family members and doctors — are prohibited, questions about general well-being, such as “how are you today,” the ability to perform job functions and about current illegal use of drugs are always permitted.
For more on job descriptions and interview questions that are in compliance with ADA, see the ADA Compliance Guide.
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