Obtaining Background Information Without Violating The ADA

In order to properly obtain background information of a disabled candidate, the prospective employer should first consider obtaining the permission of the applicant. Next, in speaking with a former employer, the prospective employer should focus upon the employee's performance in the prior job and the type and nature of any accommodations that were made. The type of questions that a prospective employer may consider asking could include the following: - What were the essential functions and requirements of the previous job? - What was the relationship between those requirements and the applicant's impairment? - What aspects of the applicant's previous performance and conduct were not affected or influenced by the disability? - What aspects of the applicant's performance and conduct may have been influenced by the disability? - What specific changes in job duties or assignments were made in order to accommodate the applicant's disabilities? - Did these changes allow the applicant to successfully perform the job?