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

Generally, employers are not allowed to ask questions about a person’s disability during a job interview in New Mexico. According to the New Mexico Human Rights Act (NMHRA), employers may not ask questions that would reveal an individual’s disability. Questions asked during a job interview that could elicit the disclosure of a person’s disability include but are not limited to asking about an applicant’s medical history, whether they have a disability, the severity of a disability, or asking an applicant to describe or demonstrate how they would perform a task with or without a reasonable accommodation. In New Mexico, employers may ask questions about an applicant’s ability to perform the essential functions of a job with or without reasonable accommodations. However, employers cannot require applicants to provide medical documentation of their disability during the interview process. The New Mexico Human Rights Act states that before an offer of employment is made, employers may require applicants to undergo a medical exam only if the exam is necessary to determine if the applicant can safely and adequately perform the essential functions of the job. In summary, employers are not allowed to ask questions about an individual’s disability during a job interview in New Mexico. Any questions that could elicit the disclosure of a person’s disability are considered discriminatory and are prohibited. Employers may ask questions about an applicant’s ability to perform the essential functions of a job with or without a reasonable accommodation; however, medical documentation cannot be required prior to an offer of employment.

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

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