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Acceptable Drug Related Questions In addition to testing applicants for the current illegal use of drugs, an employer may ask applicants about prior illegal drug use, provided the particular question is not likely to... Additional Prohibited Drug Related Questions Under ADA Because prior drug addiction is a disability under the ADA, questions that would reveal whether an applicant had been a drug addict are prohibited. Accordingly, the EEOC advises that questions... 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... 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... EEOC’s List of Prohibited Pre-Employment Inquiries The EEOC has identified the following examples of other types of inquiries as being disability-related and, hence, prohibited from being asked at the pre-offer stage: - Do you have asthma?... Inquiries About Use of Prescription Drugs In general, an employer would violate the ADA by asking all employees about their use of prescription medications. In most circumstances, such an inquiry could not be justified as... Medical Inquiries and Examinations The ADA's prohibition of discrimination against individuals with disabilities extends not only to job criteria and testing, but also to any type of employment entrance examination, including... Other Prohibited Pre-Employment Questions Other types of questions that may not be asked of an applicant include the following: - How much alcohol do you drink each week? Have you ever been treated for alcohol problems? - Have... Physical Ability Exams as Pre-Employment Inquiries The EEOC has advised that ''physical agility tests are not medical examinations and so may be given at any point in the application or employment process.''51 If the tests are given, they must not... Pre-Employment AIDS Related Questions An employer may not ask the following questions because, taken together, they are ''likely to elicit information about whether an applicant'' may have AIDS: - Do you have open skin sores?... Pre-Employment Inquiries About Attendance An employer may make certain inquiries about attendance at the pre-offer stage as long as those inquiries are not likely to elicit information about an applicant's disability. Hence, an employer... Pre-Employment Inquiries and Marginal Job Functions In inquiring about an applicant's ability to perform various job functions, the employer may ask questions pertaining to both essential and marginal functions. But an employer may not refuse to... Prohibited Attendance Inquiries An employer also may not ask an applicant how many days the person was sick last year, or whether an applicant may need time off from work for treatment of a disability. These types of inquiries... Workers' Compensation Inquiries All states have established second-injury funds to help relieve an employer of liability for pre-existing disabilities which its employees may have. Under these state laws, where a worker with... |
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