Are employers allowed to ask questions concerning one’s disability during a job interview?

In California, employers are not allowed to ask questions concerning one’s disability during a job interview. The California Fair Employment and Housing Act (FEHA) makes it illegal for employers to consider the physical, mental, or medical condition of a job applicant. This includes asking any questions that could lead to an “adverse impact” on an applicant with a disability, such as questions about prior medical history or prior accommodation requests. It is, however, acceptable and legal for employers to ask about an individual’s qualifications for the job and their ability to perform the job’s essential duties. Employers are allowed to inquire about an applicant’s ability to perform physically challenging tasks, as long as the questions are applied uniformly to all applicants. Overall, employers need to be aware that they cannot ask questions or make statements that could suggest an adverse impact on job applicants with disabilities. This includes any questions that might lead to a conversation about a disability or accommodation requests. If an individual believes they have experienced a violation of their rights under FEHA, they can file a complaint with the California Department of Fair Employment and Housing.

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Are employers allowed to ask questions concerning one’s disability during a job interview?

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