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.
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