Background Checks and Disability-Related Information

In checking references and obtaining background information on job applicants with disabilities, a prospective employer should not ask any questions that could not be asked directly of the applicant regarding the applicant's mental or physical impairments. In other words, if a prospective employer may not directly ask an applicant whether he or she has a physical or mental impairment, the employer should not indirectly attempt to obtain this information from a former employer. However, where an applicant has requested an accommodation, the experience of former employers in accommodating the individual may be very helpful.