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

In Virginia, employers are not allowed to ask job applicants questions about their disability before extending a job offer. This is because Virginia follows the federal American with Disabilities Act (ADA), which prohibits employers from discriminating against qualified job applicants based on any disability they may have. Under the ADA, employers may not ask questions about any medical conditions or disabilities prior to offering the job. If a job applicant voluntarily discloses a disability, employers are allowed to ask questions, but only in terms of how it applies to the job or accommodations needed to perform the job. An employer must provide reasonable accommodations to a qualified applicant with a disability. For example, if a job applicant has vision impairment, an employer must provide appropriate accommodations such as making Braille or large-print materials available. Even after a job offer is extended, an employer is also not allowed to ask a job applicant to undergo a medical exam or inquire about the nature of his or her disability. In summary, employers are not allowed to ask questions about a job applicant’s disability during the recruitment process and must provide reasonable accommodations for any applicant with a disability. These provisions aim to ensure a fair and equitable hiring process for everyone.

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