Are employers allowed to ask job applicants about their disabilities?

In California, employers are not allowed to ask job applicants about their disabilities. This is due to the Americans with Disabilities Act (ADA), which is a federal law that was first enacted in 1990 and protects people with disabilities from discrimination in the workplace. Under the ADA, employers must focus on the skills an applicant has, rather than making assumptions related to their disability. Employers are allowed to ask about an applicant’s ability to perform the job’s essential functions. This means that an employer can inquire about whether or not an applicant has a certain disability but cannot ask questions about the specific details of the disability. Employers cannot ask about any medical history or require an applicant to take a medical exam prior to making a job offer. Finally, employers cannot use an applicant’s participation in any government programs or services provided due to a disability as a discriminatory factor when making hiring decisions. In California, employers must be aware of these requirements in order to protect applicants from discrimination based on their disabilities. As such, employers should focus on an applicant’s skills and abilities and not ask about any disabilities when making employment decisions.

Related FAQs

Are employers prohibited from discriminating based on a person's sexual orientation?
What are the rights of employees under the Immigration Reform and Control Act?
What is the difference between a voluntary and an involuntary termination?
Are employers allowed to ask job applicants about their military service?
When do federal labor laws apply?
Are employers allowed to ask job applicants about their criminal records?
What are the remedies for sexual harassment in the workplace?
Are there any federal laws that apply to employment?
What are my rights if my employer withholds my final wages?
What are the rights of employees with respect to unpaid wages?

Are employers allowed to ask job applicants about their disabilities?

Related FAQs

Related Blog Posts