EEOC’s Exceptions to Rule Prohibiting Pre-Employment Inquiries

The EEOC has recognized certain exceptions to its general rule prohibiting an employer from inquiring about reasonable accommodations at the pre-offer stage. The Commission's Final Enforcement Guidance allows employers to ask certain limited questions concerning reasonable accommodations under the following circumstances: - Where the employer reasonably believes the applicant will need reasonable accommodation because of an obvious disability; - Where the employer reasonably believes the applicant will need reasonable accommodation because of a hidden disability that the applicant has voluntarily disclosed to the employer; or - Where an applicant has voluntarily disclosed a need for reasonable accommodation to perform the job.