Are employers allowed to ask job applicants about their disabilities?

In West Virginia, employers are not legally allowed to ask job applicants about their disabilities. This is a violation of the Americans with Disabilities Act (ADA), a federal law that protects the rights of disabled individuals in the workforce. Employers are allowed to ask job applicants about any disabilities that may affect their ability to do the job, but only after making a job offer. Employers can, however, ask job applicants if they can perform the essential functions of the job with or without accommodation. If an applicant is able to do the job and the employer believes the applicant may need some type of accommodation to do so, the employer can ask more detailed questions about the disability and what kind of accommodations may be necessary. Job applicants are not required to disclose any information about their disabilities, and employers cannot use information from a medical examination to deny an applicant the job. Employers must make reasonable accommodations for any employee or job applicant with a disability, as long as it does not cause an undue hardship on the employer.

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