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.
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/33534/quiz-under-the-ada-legal-question-or-not "
- Bosses make hiring decision within 10 minutes
- Beware ADA retaliation trap if employee asks for more time off after FMLA leave expires
- Downsizing without litigation: 4 alternatives to layoffs
- Mandating New-Age spirituality at work can trigger an Old-School lawsuit
- ICE cools down S.D. eatery that hired undocumented workers