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Aside from the common courtesy due to anyone being interviewed,
regardless of disability, the Americans with Disabilities Act (ADA) places some
restrictions on the employer's pre-employment inquiries.
What Are the Restrictions on Pre-Employment
Inquiries?
Questionnaires, applications, medical examinations, and tests are
often used by employers to determine the competency of the applicant. Keep in
mind that, at the pre-offer stage, disability-related questions and medical
examinations are prohibited under the ADA.
How Can I Make Sure I Comply with the ADA
Restrictions on Pre-Employment Inquiries?
Develop a thorough job description that identifies the essential
elements of the job. By relying on this description, both the interviewer and
applicant are aware of the essential elements of the job. Employers should also
review old application forms to ensure that medical histories are not
requested, since this is no longer appropriate.
How Should I Handle Pre-Employment Inquires
during the Interview Process?
Make sure to ask only questions regarding the information on the
individual's application form. You may ask the applicant what prior job duties
he or she performed. Be careful not to ask applicants about visible physical
characteristics or their health status. It is not legal to inquire if the
applicant has a psychiatric disability, a history of having a psychiatric
disability, or if he or she has consulted with a psychiatrist.
Nor may questions be asked about past drug addiction.
May I Conduct an Employment
Physical?
The law permits a medical examination if the medical evaluation is
conducted after an offer of employment has been made. However, if physicals are
conducted, they must be conducted for all employees in that job category and
the medical information gathered must be kept separate from the personnel file.
Drug testing is not considered a "medical examination" under the law.
Therefore, pre-employment tests for illegal drug use are permitted by the ADA.
Where Can I Obtain Additional
Information?
Office of Disability Employment Policy
(202) 376-6200
(VOICE), (202) 376-6205 (TTY/TTD),
(202) 276-6219 (FAX)
Office of Disability Employment Policy's
Job
Accommodation Network (JAN)
(800) 526-7234 (VOICE/TTY/TTD), (304)
293-5407 (FAX)
jan@jan.icdi.wvu.edu(e-mail)
Disability and Business Technical Assistance Centers (DBTACs)
(800) 949-4232 (VOICE/TTY/TTD), (703) 525-6835 (FAX)
Equal Employment Opportunity Commission
(800) 669-4000
(VOICE), (800)669-6820 (TTY/TTD),
(513) 489-8692 (FAX)
(EEOC has issued Final Guidance on Pre-employment
Disability-Related Questions and Medical Examinations under the ADA, October
10, 1995)
July 1996 |
