What Questions Can an Employer NOT Ask About Disability When Hiring?
Did a prospective employer discriminate against you during an interview? The law protects job applicants and employees with disabilities from discrimination during the interview process. Unfortunately, most people with disabilities are not in the workforce. According to the Bureau of Labor Statistics, in 2020, only 17.9% of people with disabilities were employed. On the other hand, 61.8% of people without disabilities were employed in the same year. The unemployment rate of people with disabilities is worrying and shows that a lot needs to be done. For example, employers need to stop asking job applicants questions that can reveal their disability during the hiring process. During the hiring process, a person should be judged by their ability to perform the tasks related to a job and not by whether they have a disability.
Most employers today are smart enough and know not to ask job applicants intrusive questions that can reveal whether they have a disability. However, some employers still discriminate during an interview by asking these unlawful questions. Suppose an employer asks an employee a question that ends up revealing they have a disability and refuses to hire the employee even if they are qualified for the job. In that case, the employee may have grounds to take legal action against the employer.
So, what are some of the questions that an employer cannot ask about disability when hiring? Find out below.
Questions an Employer Cannot Ask About Disability When Hiring
As already mentioned, an employer cannot ask you questions that can reveal you have a disability during the hiring process. For example, according to the EEOC, an employer is not allowed to ask you the following questions that can reveal you have a disability;
- Do you have a disability?
- What medications are you taking?
- Are you entitled to workers’ compensation claims?
However, it is crucial to note that an employer is allowed to ask you some questions. First, if you have a disability that is obvious or which you disclosed, an employer is allowed to ask you if you will need help with or a change to the application process because of your disability. Secondly, if you have a disability that is obvious, or which you disclosed, an employer is allowed to ask you if you will need a change to the work environment or to the way a job is normally done if they reasonably believe you will need a reasonable accommodation to perform your duties.
Other Questions an Employer is Not Allowed to Ask When Hiring
Apart from questions that can reveal a person has a disability, there are other questions that an employer is prohibited from asking when hiring. These include the following;
- Questions about an applicant’s genetic information. For example, an employer cannot ask you if mental conditions run in your family.
- Questions about race, religion, or ethnicity.
- Questions about age, unless asking the question is necessary to verify you meet an age-related legal requirement for the job.
- Questions about your pregnancy or plans to start a family.
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Did an employer discriminate against you during the hiring process because of your disability? If so, contact the Trabosh Law Firm at (856) 874-8840 to learn about your legal options.