Are employers allowed to ask job applicants about their disabilities?

In Texas, employers are allowed to ask job applicants about their disabilities, but they must be careful to do so in a way that does not violate any employment laws. Under the Americans with Disabilities Act, employers are not allowed to ask questions that would reveal information about an applicant’s disability unless the disability is relevant to the job. Questions must also be related to job tasks and requirements, and any information obtained from the questions must be used only to assess the applicant’s ability to fulfill the job duties. The Texas Commission on Human Rights also prohibits employers from asking questions about an applicant’s disabilities or health before a job offer is made. Such questions are considered to be discriminatory and can result in penalties for the employer. When it comes to employment decisions, disability-related inquiries must be done carefully and within the law. Employers should ask questions that pertain to job performance and the applicant’s ability to perform job duties, rather than about the disability itself. This is the best way to avoid any legal issues that may arise from such inquiries.

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