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 allowed to videotape their employees?
What kind of discrimination is illegal in the workplace?
What are the rights of an employee who is being laid off?
Can employers track employee emails and internet usage?
Are employers allowed to conduct background checks on job applicants?
What is privacy in the workplace?
What is the difference between a non-compete and a non-disclosure agreement?
What are the rights of employees who are members of a religious organization?
Are employers allowed to require employees to submit to a polygraph test as a condition of employment?
Are employees entitled to receive paid leave?

Are employers allowed to ask job applicants about their disabilities?

Related FAQs

Related Blog Posts