Are there restrictions on how employers can use a person’s disability in the hiring process?

Yes, employers in Idaho are prohibited from using a person’s disability in the hiring process. The Americans with Disabilities Act (ADA) and the Idaho Human Rights Act both protect the rights of individuals with disabilities. These laws prohibit employers from discriminately selecting a person based on their disability or using their disability in any way to make hiring decisions. For example, employers are not allowed to ask an applicant questions about their disability or medical history during an interview, nor are they permitted to require a medical examination before making an offer of employment. By law, employers cannot make any decisions based on an applicant’s known disability, including making hiring, promotion, or disciplinary decisions. Although employers cannot use a person’s disability to make hiring decisions, they are permitted to ask an applicant if they can perform the essential functions of the job with or without reasonable accommodation. An employer can ask about the applicant’s ability to perform specific job-related tasks, however they cannot ask general questions about the applicant’s health or disability. In Idaho, it is illegal for employers to refuse to hire a person with a disability or consider their disability when making a job decision. Laws have been put in place to protect individuals with disabilities from unfair treatment and discrimination in the workplace.

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Are there restrictions on how employers can use a person’s disability in the hiring process?

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