Are employers allowed to ask job applicants questions about their disability?

In California, employers are prohibited from asking applicants about their disability prior to making a job offer. This requirement is based on the California Fair Employment and Housing Act, which prohibits employers from asking any pre-employment questions related to an applicant’s disability. It is important to note that employers may ask questions about an applicant’s ability to perform job-related tasks or meeting job-related physical requirements, but such questions should be related to job duties and should not be overly broad or intrusive. Any questions about an applicant’s disability must be asked only after a job offer has been made. At that point, an employer may inquire about the functional limitations of a disability, in order to assess the applicant’s ability to carry out job responsibilities. However, employers are not permitted to make decisions about an applicant’s employment based solely on their disability. If accommodations are needed to enable an applicant to perform the essential functions of the job, then the employer must provide them unless doing so would impose an undue hardship. In short, employers in California are not allowed to ask job applicants questions about their disability prior to offering them a job. If an employer does ask such questions or bases an applicant’s employment on their disability, then they could be in violation of the state’s employment discrimination laws.

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