The EEOC has advised that ''many questions about current or prior lawful use ... are impermissible at the pre-offer stage.''153 These questions are prohibited by the ADA because the answers ''are likely to elicit information about a disability.''154 Thus, an employer at the pre-offer stage may not ask such questions as: - What medications are you currently taking? - Have you ever taken AZT? - Do you take Phenobarbital?

Prohibited Drug Related Questions Under ADA

The EEOC has advised that ''many questions about current or prior lawful use ... are impermissible at the pre-offer stage.''153 These questions are prohibited by the ADA because the answers ''are likely to elicit information about a disability.''154 Thus, an employer at the pre-offer stage may not ask such questions as: - What medications are you currently taking? - Have you ever taken AZT? - Do you take Phenobarbital? - Have you ever taken Prozac?

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