1.What are examples of questions that an employer cannot ask on an application or during an interview?
Examples of prohibited questions during the pre-offer period include:
2.Do you have a heart condition? Do you have asthma or any other difficulties breathing?
3.Do you have a disability which would interfere with your ability to perform the job?
4.How many days were you sick last year?
5.Have you ever filed for workers' compensation? Have you ever been injured on the job?
6.Have you ever been treated for mental health problems?
7.What prescription drugs are you currently taking?
8. May the employer ask me these questions after making a job offer?
Yes. An employer can ask all of the questions listed , and others that are likely to reveal the existence of a disability, after it extends you a job offer as long as it asks the same questions of other applicants offered the same type of job. In other words, an employer cannot ask such questions only of those who have obvious disabilities. Similarly, an employer may require a medical examination after making a job offer as long as it requires the same medical examination of other applicants offered the same type of job.
9. May an employer ask me whether I will need a reasonable accommodation for the hiring process?
Yes. An employer may tell all applicants what the hiring process involves (for example, an interview, timed written test, or job demonstration), and then ask whether they will need a reasonable accommodation for this process. (See Question 16 for a discussion about employers asking about an applicant's need for reasonable accommodation for the job.)
I have an obvious disability.
10. Can an employer ask me medical questions during an interview?
No. Except an employer cannot ask questions about an applicant's disability either because it is visible or because the applicant has voluntarily disclosed a hidden disability.
After I got a job offer, the employer had me take a medical examination in which I revealed I have epilepsy. Can the employer withdraw my job offer?
While the employer had the right to require a post-offer medical examination, he cannot withdraw the job offer solely because you revealed you have a disability. Instead, the employer can withdraw the job offer only if it can show that you are unable to perform the essential functions of the job (with or without reasonable accommodation), or that you pose a significant risk of causing substantial harm to yourself or others.
Example: Darla receives a job offer to be a cook at a hotel resort, and during the medical examination she discloses that she has epilepsy. The hotel doctor expresses concern about Darla working around stoves and using sharp utensils. Darla tells the doctor that her seizures are controlled with medication and offers to bring information from her neurologist to answer the doctor's concerns. Darla also points out that she has worked as a cook for seven years without any incidents. The hotel will violate the ADA if it withdraws Darla's job offer based on her epilepsy.
During the hiring process, I gave the employer medical information that I do not want anyone else to know about. Must the employer keep this information confidential?
Yes. The ADA contains strict confidentiality requirements. Medical information revealed during the hiring process (pre- or post-offer) must be kept confidential, with certain exceptions. The confidentiality requirements protect both information voluntarily revealed as well as information revealed in response to an employer's written or oral questions or during a medical examination.
An employer may share medical information with other decision-makers involved in the hiring process who need it so they can make employment decisions consistent with the ADA. The ADA also permits an employer to share medical information with the following individuals:
supervisors and managers may be told about necessary restrictions on the work or duties of an employee and about reasonable accommodations
first aid and safety personnel may be told if the disability might require emergency treatment
government officials investigating compliance with the ADA
state workers' compensation offices, state second injury funds, or workers' compensation insurance carriers.
An employer also may use the information for insurance purposes.
Discussing Accommodation to Perform the JobMay an employer ask applicants on an application form or during an interview whether they will need reasonable accommodation to perform the job?
Generally, no. An employer cannot ask all applicants whether they would need reasonable accommodation to perform a job because the answer to this question is likely to reveal whether an applicant has a disability.
However, if the employer knows that an applicant has a disability, and it is reasonable to question whether the disability might pose difficulties for the individual in performing a specific job task, then the employer may ask whether she would need reasonable accommodation to perform that task. An employer might know that an applicant has a disability because it is obvious or she has voluntarily revealed the existence of one. If the applicant indicates that accommodation will be necessary, then the employer may ask what accommodation is needed.
Example: Carl has a severe limp and uses a cane because of his prosthetic leg. He applies for an assembly line job which does not require employees to move around but does require that they stand for long periods of time. The employer asks Carl about his ability to stand and whether he will need reasonable accommodation to perform the job. Carl replies that he will need accommodation. The employer asks Carl for examples of accommodations, and Carl suggests two possibilities: a tall stool so that he can sit down but still reach the conveyor belt, or alternatively, a "sit-stand" chair which will provide support and enable him to do the job.
Also, if the employer believes an applicant with an obvious disability will need a reasonable accommodation to do the job, it may ask the applicant to describe or demonstrate how she would perform the job with or without reasonable accommodation.
Example: Alberto uses a wheelchair and applies for a job that involves retrieval of files that would seem to be beyond his reach. The employer can show him the files and ask him to explain or demonstrate how he would perform this task.
Do I have to tell the employer during the application process that I might need an accommodation to perform the job?
No. The ADA does not require that an applicant inform an employer about the need for a reasonable accommodation at any particular time, so this information need not be volunteered on an application form or in an interview.
Determining the best moment to tell a prospective employer about the need for reasonable accommodation on the job is a personal decision. Sometimes, applicants are not aware they may need a reasonable accommodation until they have more information about the job, its requirements, and the work environment. Some applicants choose to inform an employer during the application process after they better understand the job and its requirements. Others choose to wait until they have a job offer.
What if my disability prevents me from performing some job duties?
An employer does not have to hire you if you are unable to perform all of the essential functions of the job, even with reasonable accommodation. However, an employer cannot reject you only because the disability prevents you from performing minor duties that are not essential to the job.
Example: Wei is deaf and applies for a file clerk position. The essential functions for this job are to file and retrieve written materials. While the job description states that the clerk must also answer the phone, in practice the clerk rarely does this because other employees have responsibility for this duty. The employer cannot reject Wei solely because she is unable to answer the phone since that is not an essential part of performing this job.
Can an employer refuse to hire me because she believes that my disability makes it unsafe for me to perform a job?
An employer can refuse to hire you only if your disability poses a significant risk of substantial harm to you or others. If an employer has such concerns, he must seek appropriate information to assess the level of risk and the nature of the harm. This can include asking questions about prior work experience and requesting specific information from your doctor related to health and safety.
An employer cannot refuse to hire you based on a slightly increased risk, speculation about future risk, or generalizations about your disability. The employer must also consider whether a risk can be eliminated or reduced to an acceptable level with a reasonable accommodation.
Example: An employer learns during a post-offer medical examination that Simone has major depression. She has been offered a high-level managerial position, but the employer is concerned that the job will be too stressful, causing Simone's illness to worsen. But, Simone's depression is well-controlled with medication and she has been working for two years in a similar position with no effect on her depression or her performance. Based on this information, Simone's disability would not pose a high level of risk of harm and therefore the employer could not refuse to hire her based on fears that she will experience an increased number of depressive episodes or that she would be unable to perform the job.
How can I get more information about the ADA?
You can obtain more information about the ADA and its requirements through EEOC's website,
www.eeoc.gov. This website contains documents addressing various ADA issues, including the following:
Definition of DisabilityReasonable Accommodation and Undue HardshipPreemployment Disability-Related Questions and Medical ExaminationsThe ADA and Psychiatric DisabilitiesThese documents can also be obtained by calling EEOC's Publications Distribution Center at:
1-800-669-3362 (Voice)1-800-800-3302 (TTY).
Also available from the Center is the ADA Technical Assistance Manual, a practical and comprehensive explanation of all of the ADA employment provisions. The Manual comes with a nationwide resource directory. All documents are free and available in alternative formats.
To obtain more information about the ADA, contact the EEOC at:
1-800-669-4000 (voice)1-800-669-6820 (TTY)
Filing a Charge of Discrimination What can I do if I believe an employer has violated the ADA?
If you think an employer has denied you a job or an equal opportunity to apply for a job based on your disability, refused your request for reasonable accommodation, or has asked you illegal medical inquiries or required you to take an illegal medical examination, you should contact the EEOC. A charge (complaint) of discrimination generally must be filed within 180 days of the alleged discrimination. You may have up to 300 days to file a charge if a state or local law provides relief for discrimination on the basis of disability. However, to protect your rights, it is best to contact the EEOC promptly if you suspect discrimination has occurred.
You may file a charge of discrimination by contacting any EEOC field office, located in cities throughout the United States. If you have been discriminated against, you are entitled to a remedy that will place you in the position you would have been in if the discrimination had never occurred. This means you may be entitled to hiring, back pay, or reasonable accommodation. You may also be entitled to attorney's fees.
To contact the nearest EEOC office, see our
Field Office List and Jurisdictional Map.
(If you are an applicant for federal employment and believe your rights have been violated under the Rehabilitation Act, then you must initiate EEO counseling within 45 days of the alleged discrimination with the agency's Equal Employment Opportunity office.)
