The Americans with Disabilities Act May an employer ask if a prospective employee is disabled?
An employer may not make a pre-employment inquiry either on an application form or in an interview as to whether, or to what extent, an individual is disabled. The employer may ask a job applicant whether he/she can perform particular job functions. If the applicant has a disability known to the employer, the employer may ask how he/she can perform job functions that the employer considers difficult or impossible to perform because of the disability, and whether an accommodation would be needed. A job offer may be conditional based on the results of a medical examination, provided the exam is required for all entering employees in the same job category, regardless of disability. The information obtained must be handled according to rules of confidentiality specified in the ADA. After a person starts employment, all medical exams and inquiries must then be job related and necessary for the conduct of the employer’s business. The provisions of the law are intended to prevent the employer
