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

In the state of Colorado, employers are not allowed to ask questions concerning one’s disability during a job interview. This violates the state’s laws and regulations on the treatment of people with disabilities. Under Colorado’s disability law, an employer cannot ask any questions about an applicant’s disability or any medical tests the applicant has undergone during the job interview. An employer is also not allowed to ask invasive questions about a person’s disability status, such as if a person needs an accommodation for a disability or what kind of disability they have. Employers in Colorado can make inquiries that are job-related and consistent with business necessity. For example, an employer can ask questions about an applicant’s ability to perform a specific job task, or whether the applicant needs an accommodation to perform the task. However, these inquiries are limited and employers may not ask more intrusive questions about a job applicant’s disability. In addition, Colorado’s disability law may provide greater protection than what is provided under federal law. Employers may be liable for violating the state’s disability law, so they should familiarize themselves with it before conducting a job interview. This will help ensure they are following the law and treating all applicants fairly and equally.

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

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