Are employers prohibited from asking job applicants questions about their disabilities or medical history?

Yes, in North Carolina it is illegal for employers to ask job applicants questions about their disabilities or medical history. This is protected under the Americans with Disabilities Act (ADA) and the North Carolina Retaliatory Employment Discrimination Act (REDA). Under the ADA, employers are prohibited from asking job applicants questions about their physical or mental disabilities, including any medical history related to a disability. This includes questions about family medical history or any prior treatments or procedures. Similarly, the REDA prohibits employers from making inquiries or requests for information relating to medical history or disability status. Employers can, however, ask questions about the ability of a job applicant to perform the essential functions of the job in question with or without reasonable accommodation. This includes asking about any past job-related illness or injury. Additionally, employers can ask questions about any needed accommodation related to the job. The Disability Rights North Carolina (DRNC) can provide more information about employment discrimination laws in North Carolina. They can provide legal advice and assistance to individuals facing employment discrimination.

Related FAQs

What is the burden of proof for a discrimination case?
Are employers required to provide reasonable accommodations to pregnant employees?
Are employers allowed to ask job applicants questions about their age?
Are employers allowed to terminate employees for engaging in union activities?
Are employers prohibited from discriminating against employees who are pregnant?
Are employers allowed to take into account an applicant’s past criminal record when making hiring decisions?
Are employers allowed to set different standards or expectations for employees based on their age?
What is a constructive discharge and when is it unlawful?
Are employers allowed to ask job applicants questions about their family status?
Are employers allowed to require job applicants to complete a questionnaire?

Are employers prohibited from asking job applicants questions about their disabilities or medical history?

Related FAQs

Related Blog Posts