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

In most cases, employers in Texas are not allowed to ask job applicants questions about their disability. The Americans with Disabilities Act (ADA) and the Texas Commission on Human Rights Act (TCHRA) prohibit employers from asking questions or making inquiries about an applicant’s disability prior to hiring them. Instead of asking a job applicant about their disability, employers are required to wait until the applicant has been selected for the job to make any inquiries. That being said, employers in Texas can ask applicants if they are able to perform the essential functions of the position they are applying for with or without reasonable accommodations. In addition to the ADA and TCHRA, there are also other state and federal regulations in place designed to protect applicants with disabilities. Title I of the ADA protects people with disabilities from discrimination in employment, which includes a prohibition on employers asking job applicants questions about their disability. In summary, employers in Texas are limited in the types of questions they can ask job applicants about their disability. Asking questions about an applicant’s disability before making a job offer is prohibited, but employers can make inquiries about an applicant’s ability to perform the essential functions of the position with or without reasonable accommodations.

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