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

Yes, there are restrictions on how employers can use a person’s disability in the hiring process in Washington. The Washington Law Against Discrimination (WLAD) prohibits employers from refusing to hire, or discriminating against, individuals with disabilities. The WLAD also prohibits employers from using a person’s disability to make decisions about who to hire or not hire. Employers are not allowed to ask questions about a person’s disability or medical history during an interview and cannot use medical tests before making an offer of employment. In addition, employers must provide reasonable accommodations to qualified individuals with disabilities, such as making the workplace accessible or providing assistive technology. They also cannot make hiring decisions based on assumptions about a person’s disability-related abilities or limitations. For example, an employer cannot refuse to hire someone because they assume the person would need too much accommodation. If an employer is found to have discriminated against an individual with a disability, they can face civil action and financial penalties. Individuals who believe that they have been discriminated against should file a complaint with the Washington State Human Rights Commission.

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