What Questions Can Employers Ask Applicants with Disabilities?

Valid Types of Questions During the Interview Process

• Whether an applicant can perform the duties of the job, with or without accommodation
• If the applicant has the necessary ability and experience related to the specific duties and essential functions of the job
• If the applicant has the necessary licenses, diplomas, training certificates, or other required qualifications
• Ask the applicant to describe or demonstrate how he/she/zhe will perform the specific functions, if this is required of everyone, regardless of disability
• If the applicant can meet the requirements of the employer's work hours, overtime work, travel, and attendance policies
• Ask a previous employer about job functions and tasks performed by the applicant, the quality and quantity of the work performed, the applicant's attendance record, and other job-related questions that are not likely to disclose disability

Unlawful Types of Questions to Ask Applicants

• Do you have a disability or major illness?
• What is the nature or severity of your disability or any conditions/diseases for which you have been treated?
• Have you ever been hospitalize4d?
• Have you ever been treated for a mental illness?
• Questions about an applicant's past record of a disability, the applicant's record of drug/alcohol addiction or the nature of related treatment
• Have you ever filed a worker's compensation claim or suffered a disabling injury in a previous job?
• Will you need time off for medical treatments or for other reasons associated with your disability?