May an employer ask applicants if they will need a reasonable accommodation to perform the functions of the job?
In general, an employer may not ask questions on an application or in an interview about whether an applicant will need reasonable accommodation for a job because these questions are likely to elicit whether the applicant has a disability. It is generally understood that only people with disabilities will need a reasonable accommodation. However, when an employer could reasonably believe that an applicant would need reasonable accommodation to perform the function of the job, the employer can ask the applicant certain limited questions. Specifically the employer may ask whether she/he needs reasonable accommodation and what type of reasonable accommodation would be needed to perform the functions of the job if the employer reasonably believes the applicant will need reasonable accommodation because of an obvious disability, because of a hidden disability that the applicant has voluntarily disclosed to the employer, or because an applicant has voluntarily disclosed to the employer that
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- May an employer ask applicants if they will need a reasonable accommodation to perform the functions of the job?