EEOC Regulations Regarding Pre-Employment Inquiries

The EEOC's regulations adopt virtually verbatim the statutory language of Section 102 (c)(2) pertaining to pre-offer inquiries. According to the Commission, this provision ''makes clear that an employer cannot inquire as to whether an individual has a disability at the pre-offer stage of the selection process.'' As emphasized in the Senate Report on the ADA, the prohibition on inquiries regarding disability at the pre-offer stage is critical ''to assure that misconceptions do not bias the employment selection process.''