Equal Opportunity

Pre-Employment Disability Related Inquiries and Medical Examinations

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Employers MAY NOT ask about disability at the pre-offer stage. The ADA prohibits certain disability-related inquiries and medical examinations at the pre-offer stage of the hiring process to prevent discrimination against individuals with hidden disabilities, such as epilepsy, diabetes, mental illnesses, heart disease, HIV infection/AIDS, and cancer.

Disability-Related Inquiries are inquiries or a series of inquiries that are likely to elicit information about a disability.

Medical Examinations are procedures and tests that seek information about an individual's physical or mental impairment, or physical or psychological health.

The Pre-Offer Stage is the period before an applicant has been given a conditional job offer.

The Post-Offer Stage is the period after a conditional job offer has been extended, but before the individual has started work.

Pre-Offer Stage Examples

Direct or Indirect Inquiries About Disabilities

Inquiries Concerning Performance of Job Functions

Inquiries About Impairments

Inquiries About Ability to Perform Major Life Activities and About Substantial Limitations of Major Life Activities

Requests to Describe/Demonstrate Performance of Job-Related Functions

Inquiries Concerning Need for Accommodation and Requests for Documentation If Applicant Asks for Accommodation

During the Hiring Process

For the Job

Inquiries Concerning Attendance

Inquiries Concerning Workers' Compensation History

Inquiries Concerning Drug Use

Inquiries Concerning Certifications/Licenses

Inquiries Concerning Conviction Record

The Pre-Offer Stage is the period before an applicant has been given a conditional job offer.

The Post-Offer Stage is the period after a conditional job offer has been extended, but before the individual has started work.

Pre-Offer Stage Examples

Direct or Indirect Inquiries About Disabilities

Inquiries Concerning Performance of Job Functions

Inquiries About Impairments

Inquiries About Ability to Perform Major Life Activities and About Substantial Limitations of Major Life Activities

Requests to Describe/Demonstrate Performance of Job-Related Functions

During the Hiring Process

For the Job

Inquiries Concerning Attendance

Inquiries Concerning Workers' Compensation History

Inquiries Concerning Drug Use

Inquiries Concerning Certifications/Licenses

Inquiries Concerning Conviction Record

Inquiries to Third Parties Regarding an Applicant's Medical Condition

Factors Used to Determine Whether a Particular Test is Medical

Tests Which Generally are Not Medical