Job Interview - Disabilities Question

Inquiries about a person’s disability, health or worker’s compensation histories are unlawful if they imply or express a limitation based on disability. Under the federal Americans with Disabilities Act, any inquiry at the pre-employment stage, which would likely require an applicant to disclose a disability, is unlawful. Employers must avoid such inquiries or medical examinations before making a bona fide job offer.

However, an employer may inquire about an applicant’s ability to perform certain job functions and, within certain limits, may conduct tests of all applicants to determine if they can perform essential job functions, with or without an accommodation.

Example of Illegal Questions
Do you have any disabilities?
Have you had any recent illness or operations?
Please complete this medical questionnaire.
What was the date of your last physical exam?
How’s your family’s health?
When did you lose your eyesight/ leg/ hearing/ etc.?


Possible Legal Alternatives
Are you able to perform the essential functions of this job with or without reasonable accommodations? (Legal if the interviewer thoroughly described the job.)
Will you be able to carry out in a safe manner all job assignments necessary for this position?
Are you able to lift a 50-pound weight and carry it 100 yards, as that is part of the job?
NB: Medical exams are legal AFTER an offer has been extended; results should be held strictly confidential except for reasons of safety.
www.jobinterviewquestions.org/questions/job-specific-questions.asp