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Don’t ask candidates about disabilities

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in Human Resources

You can ask applicants whether they’re able to perform the specific functions of a job. But don’t pry into their medical history. The case: An applicant sued the company that failed to hire him on the grounds that two questions on its application violated the ADA: “Have you received workers’ compensation or disability income payments?” and “Have you physical defects which preclude you from performing certain jobs?” The court held that the section of the ADA that prohibits employers from asking job applicants about disabilities applies to all job applicants, not just disabled ones. (Griffin v. Steeltek, No. 97-5103, 10th Cir.,1998)

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