Are employers allowed to ask questions about a person’s disability during a job interview?

In California, employers are not allowed to ask questions about a person’s disability during a job interview. According to the California Fair Employment and Housing Act (FEHA), employers are prevented from making any inquiries into a job applicant’s disability. This means employers cannot ask questions related to a disability status, require medical exams of applicants, or take any action that could be interpreted as denying a job opportunity based on a disability. In addition, employers cannot inquire about a person’s worker’s compensation history, usage or fees for medical or disability services, or any other personal information about an applicant’s disability status. Employers also cannot inquire about the type of medical treatment the applicant has received, or has been recommended to receive by a doctor. Furthermore, employers are prohibited from making any inferences about an applicant’s disability status. If an employer is made aware of an applicant’s disability status during a job interview, they still cannot ask questions related to the disability. Instead, employers must evaluate the applicant based solely on their ability to meet the requirements of the job, not their disability status. Under California disability law, a disability must not be a factor in any decision related to hiring, training, promotion, and firing of employees.

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