May an employer ask applicants about their workers compensation history?
No. An employer may not ask applicants about job-related injuries or workers’ compensation history. These questions relate directly to the severity of an applicant’s impairments. Therefore, these questions are likely to elicit information about disability. * May an employer ask applicants about their current illegal use of drugs? Yes. An employer may ask applicants about current illegal use of drugs14 because an individual who currently illegally uses drugs is not protected under the ADA (when the employer acts on the basis of the drug use).15 * May an employer ask applicants about their lawful drug use? No, if the question is likely to elicit information about disability. Employers should know that many questions about current or prior lawful drug use are likely to elicit information about a disability, and are therefore impermissible at the pre- offer stage. For example, questions like, “What medications are you currently taking?” or “Have you ever taken AZT?” certainly elicit inform
