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

In North Dakota, employers are prohibited from inquiring about a job applicant’s physical or mental disability during the job interview. This is due to the Americans with Disabilities Act of 1990 (ADA), which is a federal civil rights law that outlines the protections that job applicants with disabilities must have. Under the ADA, employers cannot discriminate against applicants with disabilities—they must be judged on their skills, experience, and qualifications rather than their disability. Employers also cannot ask questions that directly or indirectly concern a job applicant’s disability. This includes questions about the disability itself, its effects, or whether the job applicant can perform certain tasks. If an employer does ask a job applicant questions regarding their disability, the applicant has the right to refuse to answer or to explain that such questions are prohibited by law. Additionally, employers are prohibited from requiring job applicants to take medical examinations or provide medical information prior to extending a job offer. It is important to understand that employers are allowed to ask about the applicant’s ability to perform job-related tasks with or without reasonable accommodations. North Dakota employers must learn more about the ADA’s regulations regarding job applicants with disabilities before they start the hiring process.

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

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