What questions may an employer ask to an applicant with a disability?
The Americans with Disabilities Act (“ADA”) makes it unlawful to discriminate in employment against a qualified individual with a disability. An employer may not ask an applicant whether he or she is disabled or inquire about the nature or severity of the disability. However, you may ask the applicant whether he or she can perform the duties of the job with or without reasonable accommodation. You may also ask the applicant to describe or demonstrate how the applicant will perform these duties of the job. A potential employer contacted me regarding a reference for a terminated employee. The terminated employee was lazy and rude. How should I respond to potential employer’s questions about the terminated employee? When a potential employer calls for a reference about a terminated employee, it is important for an employer to be truthful without subjecting itself to a defamation lawsuit. Some employers find a balance in these instances by only disclosing the terminated employee’s dates of
Related Questions
- Does the employee have a right to sue the employer to resolve a dispute that arose prior to the adoption of an ADR program?
- How can an employee or job applicant secure a reasonable accommodation of his or her disability from the employer?
- What questions may an employer ask to an applicant with a disability?
