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