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Quiz: Under the ADA, legal question or not?

by on
in Hiring,Human Resources

Consider the following questions a manager might ask during the interview process. Answer yes to the questions the U.S. Equal Employment Opportunity Commission (EEOC) lists as legal under the Americans with Dis­­abili­ties Act (ADA); no to the ones that it deems unlawful.

  1. What medications are you currently taking?  Yes ◊ No ◊
  2. How many days did you take leave last year?  Yes ◊ No ◊
  3. How tall are you?   Yes ◊ No ◊
  4. How did you break your arm?   Yes ◊ No ◊
  5. Do you drink alcohol?  Yes ◊ No ◊
  6. How much alcohol do you drink each week?  Yes ◊ No ◊
  7. How many days were you sick last year?  Yes ◊ No ◊
  8. Can you meet this job’s attendance requirements?  Yes ◊ No ◊
  9. Do you have the required licenses to perform this job?  Yes ◊ No ◊
  10. Have you ever filed for workers’ compensation?  Yes ◊ No ◊
  11. Do you have a disability that would prevent you from performing the essential functions of the job with or without accommodations?   Yes ◊ No ◊
  12. How well can you handle stress? Yes ◊ No ◊
  13. When do you expect to be off those crutches?  Yes ◊ No ◊
  14. How often will you require leave for treatment of your disability?   Yes ◊ No ◊

Advice: When judging the legality and validity of any question as it relates to disability issues, ask yourself: Does the question focus on disability, or does it focus on the ability to perform the job?

Online resource: See the EEOC’s Guide to Pre-employment Inquiries.

Answers: 1. No; 2. Yes; 3. Yes; 4. Yes; 5. Yes; 6. No; 7. No; 8. Yes; 9. Yes; 10. No; 11. No; 12. Yes; 13. No; 14. No.

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