Application Requirements Under ADA

An employer may not use an application form that lists a number of potentially disabling impairments and asks an applicant to check any of the impairments he or she may have. An employer also may not make inquiries about a person's disability even in the case of an applicant who informs the employer that he or she is disabled, or who has an obvious disability, such as being in a wheelchair. Thus, an employer may not ask how a person in a wheelchair became paralyzed nor about the prognosis of an applicant who informs the employer that he has cancer. Employers May Inquire About Health Matters on Rehire Where a former employee who has been the recipient of disability benefits seeks reemployment with the employer, the courts have viewed the former employee as not being a job applicant governed by the ADA's restrictions on pre-offer inquiries, but rather should be considered similar to an existing employee seeking to return from work on disability leave. In this situation, the employer lawfully may require the person to provide a medical certification of the ability to return to work.