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.


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.



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