Allowable Inquiries Under ADA

The prohibition on certain types of pre-employment medical inquiries does not mean that an employer may not ask questions that relate to the ability of an applicant to perform job-related functions; the prohibitions extend only to those questions that may be phrased in terms of a disability. Section 102(c)(2)(B) of the ADA specifically allows an entity governed by the Act to ''make preemployment inquiries into the ability of an applicant to perform job related functions.'' For example, while an employer may not ask an applicant, ''Do you have a visual impairment?,'' an employer may ask, ''Do you have a driver's license?'' as long as driving is an essential job function. Further, an employer is prohibited from asking an applicant with an obvious disability how often the person will require or use leave because of any incapacitation, but an employer may state the attendance requirements of the job and inquire whether the applicant can meet these requisites.