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Americans with Disabilities Act's The Americans with Disabilities Act (ADA) prohibits discrimination against employees and prospective employees on the basis of disability. Many employers are trying to figure out what types of questions they may ask applicants without violating the ADA. What follows are some guidelines that should help you. You may not ask about disabilities or medical conditions. You may not ask whether an applicant takes any drugs or medications or whether an applicant has ever filed a worker's compensation claim. You may ask the following questions:
You may not require applicants to take medical examinations. Drug tests are permitted. Agility and fitness tests are not considered medical examinations and may be required as long as all applicants are given the tests. An agility test measures ability to perform actual or simulated job tasks. A fitness test measures physical tasks, such as running or lifting. The applicant's heart rate or other physiological responses may not be measured during these tests. Personality and other psychological tests are acceptable only if they are meant to reveal behavioral problems or personality traits, such as organizational skills. If an applicant has an obvious disability or reveals the disability, you may ask the applicant to describe or demonstrate how he or she would perform a job task, with or without reasonable accommodation, even if all applicants are not asked to do the same. Such questions may not be asked if the disability in question would not interfere with job performance. No questions may be asked about the severity of the disability or how the applicant became disabled. Care must be taken not to violate the ADA even when you are interviewing potential employees. § |
