Voluntary Disclosure of Disabilities

In most circumstances, the ADA does not allow an employer to inquire or make determinations as to whether job applicants or employees have disabilities. Rather, an employer usually will be limited to inviting applicants or employees to indicate whether and to what extent they have a disability. This may occur, for example, in the situation where an employer is taking remedial action to affirmatively aid applicants or employees with disabilities or where an employer has instituted a voluntary ''wellness'' program for its employees.