|
At the pre-offer stage, an employer cannot ask questions that are likely to elicit information about a disability. This includes directly asking whether an applicant has a particular disability. It also means that an employer cannot ask questions that are closely related to disability. On the other hand, if there are many possible answers to a question and only some of those answers would contain disability-related information, that question is not ''disability-related.'' Below are some commonly asked questions about this area of the law.
Questions about an applicant's impairments If the particular question is not likely to elicit information about whether the applicant has a disability. It is important to remember that not all impairments will be disabilities; an... Questions about arrest or conviction records Questions about an applicant's arrest or conviction records are not likely to elicit information about a disability because there are many reasons unrelated to disability why someone may have... Questions about certifications and licenses An employer may ask an applicant at the pre-offer stage whether s/he has certifications or licenses required for any job duties. An employer also may ask an applicant whether s/he intends to get... Questions about current illegal use of drugs An employer may ask applicants about current illegal use of drugs because an individual who currently illegally uses dugs is not protected under the ADA (when the employer acts on the basis of... Questions about drinking habits Questions about drinking habits are allowed, unless the particular question is likely to elicit information about alcoholism, which is a disability. An employer may ask an applicant whether... Questions about lawful drug use If the question is likely to elicit information about a disability, it is not allowed. Employers should know that many questions about current or prior lawful drug use are likely to... Questions about lawful drug use if the employer is administering a test for illegal use of drugs If an applicant tests positive for illegal drug use, such questions are allowed. In that case, the employer may validate the test results by asking about lawful drug use or possible explanations... Questions about prior illegal drug use Questions about prior illegal drug use is allowed, provided that the particular question is not likely to elicit information about a disability. It is important to remember that past addiction... Questions about whether an applicant can perform the job An employer may ask whether applicants can perform any or all job functions, including whether applicants can perform job functions ''with or without reasonable accommodation.'' ... Questions about whether applicant can perform major life activities, such as standing, lifting walking, etc. Questions about whether an applicant can perform major life activities are almost always disability-related because they are likely to elicit information about a disability. For example, if... Questions about whether they will need reasonable accommodation for the hiring process An employer may tell applicants what the hiring process involves (for example, an interview, timed written test, or job demonstration), and may ask applicants whether they will need a... Questions about whether they will need reasonable accommodation to perform the functions of the job In general, an employer may not ask questions on an application or in an interview about whether an applicant will need reasonable accommodation for a job. This is because these questions are... Questions about workers' compensation history An employer may not ask an applicant about job-related injuries or workers' compensation history. These questions relate directly to the severity of an applicant's impairments. Therefore,... Questions as to whether an applicant can meet the employer's attendance requirements An employer may state its attendance requirements and ask whether an applicant can meet them. An employer also may ask about an applicant's prior attendance record (for example, how many days... Questions of documentation of his/her disability when the applicant requests reasonable accommodation for the hiring process If the need for accommodation is not obvious, an employer may ask an a applicant for reasonable documentation about his/her disability if the applicant requests reasonable accommodation for... Questions to describe or demonstrate how s/he would perform the job when others not asked this question When an employer could reasonably believe that an applicant will not be able to perform a job function because of a known disability, the employer may ask that particular applicant to describe... Questions to describe or demonstrate how they would perform the job An employer may ask applicants to describe how they would perform any or all job functions, as long as all applicants in the job category are asked to do this. Employers should remember that,... Request to to ''self-identify'' as individuals with disabilities for purposes of the employer's affirmative action program Such requests are allowed. An employer may invite applicants to voluntarily self-identify for purposes of the employer's affirmative action program if: - the employer is undertaking... Special steps an employer should take if it asks applicants to ''self-identify'' for purposes of the employer's affirmative action program If the employer invites applicants to voluntarily self-identify in connection with providing affirmative action, the employer must do the following: - state clearly on any written... |
| PEO7.com 23945 Calabasas Rd. Suite 106, Calabasas, CA 91302 818-222-4572 cs@peo7.com |
|
SiteMap
| PEO7
| Exploring the Possibilities
| What is Employee Leasing
| Why use a Peo
| Free Advice
| Benefits to Employees Responsibilities of PEO | Benefit Package | HR Management | Pre-Employment Screening | The Issue of Control Future of PEO | Request For Proposal (RFP) Contact Us | Peo Resources | Terms of Service | FAQ |