Are employers allowed to ask job applicants about their disabilities?

In Washington, employers are prohibited from asking job applicants about their disabilities before making a job offer. According to the Washington State Human Rights Commission, employers cannot ask questions about disabilities, including whether the applicant has a disability, or questions regarding the severity or type of disability. Nonetheless, employers can ask questions related to an applicant’s ability to perform the specific job duties. An employer can ask an applicant whether they can perform the duties of the position as they are regularly carried out or as they might be modified. Additionally, if an applicant has a disability that may require an accommodation, employers can ask the applicant if they need an accommodation in order to perform the job. Employers are also allowed to ask an applicant to explain how they can perform the job with or without an accommodation. However, if an employer makes an offer of employment and the applicant needs an accommodation to perform the job duties, the employer can require the applicant to provide medical documentation to receive the accommodation. Overall, employers in Washington are not allowed to ask applicants about their disabilities before making an offer of employment. Questions related to an applicant’s ability to perform the job duties, if any accommodations are needed, and medical documentation to receive a reasonable accommodation if necessary are permissible.

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Are employers allowed to ask job applicants about their disabilities?

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