Questions NOT to ask of Job Applicants

The Technical Assistance Manual for Title I of the Americans with Disabilities Act has a trove of helpful information for employers, including comprehensive information about nondiscrimination in the hiring process.  For example, the Manual instructs that employers may not ask the following questions in employment applications or during job interviews: 

  • Have you ever had or been treated for any of the following conditions or diseases? (Followed by a checklist of various conditions and diseases.)
  • Please list any conditions or diseases for which you have been treated in the past 3 years.
  • Have you ever been hospitalized? If so, for what condition?
  • Have you ever been treated by a psychiatrist or psychologist? If so, for what condition?
  • Have you ever been treated for any mental condition?
  • Is there any health-related reason you may not be able to perform the job for which you are applying?
  • Have you had a major illness in the last 5 years?
  • How many days were you absent from work because of illness last year?
  • Do you have any physical defects which preclude you from performing certain kinds of work? If yes, describe such defects and specific work limitations.
  • Do you have any disabilities or impairments which may affect your performance in the position for which you are applying?
  • Are you taking any prescribed drugs?
  • Have you ever been treated for drug addiction or alcoholism?
  • Have you ever filed for workers’ compensation insurance?

What can you ask?

  • Are you able to perform the job functions with or without an accommodation?
  • If you can perform the job functions with an accommodation, what accommodation do you need? 

The Assistance Manual is here: http://askjan.org/links/ADAtam1.html#V, with an addendum here: http://www.eeoc.gov/policy/docs/adamanual_add.html.

 

 

This entry was posted in ADA.

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