Common questions that violate the ADA
August 1, 1996 less than 1 minute read
Common questions that violate the ADA
Don't assume your questions are innocuous
Are you unintentionally violating the Americans With Disabilities Act in interviews and employment applications? Many employers do in their hiring practices, legal experts warn.
To avoid problems, use caution when conducting interviews and have your forms reviewed by a qualified lawyer.
The ADA prohibits discrimination against the disabled in hiring. Any number of questions could give the appearance that a disability is being considered. The following questions in interviews or on employment applications could subject your institution to a lawsuit under the ADA:
* List any medical conditions that may affect your ability to perform this position.
* Have you ever been hospitalized? If so, list all dates and the reasons why.
* What medications are you taking and why?
* Have you ever been injured?
* Have you recuperated from a back injury?
* How many days of work did you miss in the previous year due to illness?
* How long have you been in physical therapy?
* Do you have any physical disabilities that would prevent you from working?
* Have you been tested for the HIV virus? When? What was the result?
* Have you ever been treated for mental illness? *
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