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

No, employers are not allowed to ask job applicants questions about their disabilities in Washington. Depending on the circumstances, asking such questions may be considered discriminatory under state and/or federal law. Under state and federal disability discrimination laws, employers are not permitted to ask questions regarding a job applicant’s disability during the application, the interview, or any other stage in the hiring process. Employers can, however, ask questions about an applicant’s ability to perform a job-related task, provided the same questions are asked of all applicants for the same position. Additionally, employers can inquire about how an applicant could be reasonably accommodated to perform the job. For instance, if an applicant is applying for a job that requires lifting, an employer can ask whether the applicant would require an accommodation to lift a certain amount of weight. Questions about a job applicant’s disability are intended to determine if an applicant would need accommodations to perform a job function. As such, they are illegal under state and federal disability discrimination laws. Employers should, instead, focus on whether an applicant can do the job and appropriately accommodate any disability-related needs.

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