Asking About a Disability During the Application Process

The Americans with Disabilities Act, as amended, prohibits employers with fifteen or more employees from discriminating against employees or prospective employees because of a disability, perceived disability, or need for a reasonable accommodation.  This protection very clearly applies in the application and interview process. Thus, a good rule of thumb is that employers should only ask job-related questions in an employment application or interview. An applicant who was asked about a disability and was denied a position, may have a claim against the employer for disability discrimination.

Employers who ask any of the following type of questions may have violated the ADAAAA.

  • How many days were you sick last year?
  • Are you HIV positive?
  • Do you have cancer?
  • Do you have a disability that would interfere with your ability to perform the job?

Employers, however, may ask limited questions concerning the need for a reasonable accommodation if the employer knows or reasonably believes the applicant will need a reasonable accommodation.

If you have been denied a job because of your disability, perceived disability, or need for a reasonable accommodation, contact Dallas employment lawyer Stacy Cole today.

Logo---Blog-website-logo

The information contained in this website is not legal advice and it is not intended to be legal advice.  You should consult with a licensed attorney if you believe that you may have a claim or if you have a claim against you.

 

Standard

Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>