Title I Technical Assistance Manual

5.5(a) Basic Requirements Regarding Pre-Offer Inquiries

• An employer may not make any pre-employment inquiry about a disability, or about the nature or severity of a disability:

  • on application forms

  • in job interviews

  • in background or reference checks.

• An employer may not make any medical inquiry or conduct any medical examination prior to making a conditional offer of employment.

• An employer may ask a job applicant questions about ability to perform specific job functions, tasks, or duties, as long as these questions are not phrased in terms of a disability. Questions need not be limited to the "essential" functions of the job.

• An employer may ask all applicants to describe or demonstrate how they will perform a job, with or without an accommodation.

• If an individual has a known disability that might interfere with or prevent performance of job functions, s/he may be asked to describe or demonstrate how these functions will be performed, with or without an accommodation, even if other applicants are not asked to do so; however,

• If a known disability would not interfere with performance of job functions, an individual may only be required to describe or demonstrate how s/he will perform a job if this is required of all applicants for the position.

• An employer may condition a job offer on the results of a medical examination or on the responses to medical inquiries if such an examination or inquiry is required of all entering employees in the same job category, regardless of disability; information obtained from such inquiries or examinations must be handled according to the strict confidentiality requirements of the ADA. (See Chapter VI.)