Title I Technical Assistance Manual

Some Examples of Questions that May Not be Asked on Application Forms or in Job Interviews:

• Have you ever had or been treated for any of the following conditions or diseases? (Followed by a checklist of various conditions and diseases.)

• Please list any conditions or diseases for which you have been treated in the past 3 years.

• Have you ever been hospitalized? If so, for what condition?

• Have you ever been treated by a psychiatrist or psychologist? If so, for what condition?

• Have you ever been treated for any mental condition?

• Is there any health-related reason you may not be able to perform the job for which you are applying?

• Have you had a major illness in the last 5 years?

• How many days were you absent from work because of illness last year?

(Pre-employment questions about illness may not be asked, because they may reveal the existence of a disability. However, an employer may provide information on its attendance requirements and ask if an applicant will be able to meet these requirements. [See also The Job Interview below.])

• Do you have any physical defects which preclude you from performing certain kinds of work? If yes, describe such defects and specific work limitations.

• Do you have any disabilities or impairments which may affect your performance in the position for which you are applying?

(This question should not be asked even if the applicant is requested in a follow-up question to identify accommodations that would enable job performance. Inquiries should not focus on an applicant's disabilities. The applicant may be asked about ability to perform specific job functions, with or without a reasonable accommodation. [See Information That May be Asked, below.])

• Are you taking any prescribed drugs?

(Questions about use of prescription drugs are not permitted before a conditional job offer, because the answers to such questions might reveal the existence of certain disabilities which require prescribed medication.)

• Have you ever been treated for drug addiction or alcoholism?

(Information may not be requested regarding treatment for drug or alcohol addiction, because the ADA protects people addicted to drugs who have been successfully rehabilitated, or who are undergoing rehabilitation, from discrimination based on drug addiction. [See Chapter VI. for discussion of post-offer inquiries and Chapter VIII. for drug and alcohol issues.])

• Have you ever filed for workers' compensation insurance?

(An employer may not ask about an applicant's workers' compensation history at the pre-offer stage, but may obtain such information after making a conditional job offer. Such questions are prohibited because they are likely to reveal the existence of a disability. In addition, it is discriminatory under the ADA not to hire an individual with a disability because of speculation that the individual will cause increased workers' compensation costs. (See Chapter IV, 4.5(3), and Chapter IX.)

Information about an applicant's ability to perform job tasks, with or without accommodation, can be obtained through the application form and job interview, as explained below. Other needed information may be obtained through medical inquiries or examinations conducted after a conditional offer of employment, as described in Chapter VI.