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Discussing Disability with the Potential Employer

The ADA prohibits employers from asking questions that are likely to reveal the existence of a disability before making a job offer (i.e., the pre-offer period). This prohibition covers written questionnaires and inquiries made during interviews, as well as medical examinations. However, such questions and medical examinations are permitted after extending a job offer but before the individual begins work (i.e., the post-offer period).

9. What are examples of questions that an employer cannot ask on an application or during an interview?

Examples of prohibited questions during the pre-offer period include:
Do you have a heart condition?
Do you have asthma or any other difficulties breathing?
Do you have a disability which would interfere with your ability to perform the job?
How many days were you sick last year?
Have you ever filed for workers' compensation? Have you ever been injured on the job?
Have you ever been treated for mental health problems?
What prescription drugs are you currently taking?

10. May the employer ask me these questions after making a job offer?

Yes. An employer can ask all of the questions listed in Question 9, and others that are likely to reveal the existence of a disability, after it extends you a job offer as long as it asks the same questions of other applicants offered the same type of job. In other words, an employer cannot ask such questions only of those who have obvious disabilities. Similarly, an employer may require a medical examination after making a job offer as long as it requires the same medical examination of other applicants offered the same type of job.