Are employers prohibited from asking job applicants questions about their disabilities or medical history?
In Texas, employers are prohibited from asking job applicants questions about their disabilities or medical history. Under the Americans with Disabilities Act (ADA) and the Texas Commission on Human Rights Act (TCHRA), it is illegal for employers to discriminate against applicants on the basis of their disability. Employers are also not allowed to ask applicants about their medical history or any conditions that could be disabling before making a job offer. The ADA and TCHRA also protect applicants from employment discrimination based on their race, color, sex, national origin, age, or religion. It is important to note that employers are allowed to ask applicants if they can perform specific job-related tasks or duties, and applicants are encouraged to disclose any medical condition that could affect their ability to safely and effectively perform the job duties. In Texas, employers may not use information about an applicant’s disability or medical history to make any employment decisions. This means employers cannot use this information to deny an applicant a job, discriminate against them in any way, or use it to determine their job duties. Overall, employers in Texas are not allowed to ask job applicants questions about their disabilities or medical history before making a job offer. This is to ensure job applicants can have an equal opportunity for employment without facing discrimination based on their disability.
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