Medical Inquiries for ApplicantsPage 1
Inquiries for Applicants
The following are questions that may not be asked either on an application or during an interview:
DO NOT ASK:
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 three years. (or any time frame).
Have you ever been hospitalized? If so, for what conditions?
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 five 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.)
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.)
Are you taking prescription 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.)
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.)
Despite the increased restrictions the ADA imposes, employers must be able to find out whether or not an individual is qualified for a position. The important thing to remember during the recruitment process is to focus on the applicant's ability to perform the job, not on a disability. Employers should ask about an applicant's ability to perform specific job functions. The following are a couple of examples of inquiries that are permissible under the ADA.
YOU CAN ASK:
Are you able to perform these tasks with or without an accommodation? (The employer should give the applicant a copy of the job description and describe the job functions to the individual, and indicate which job functions are essential to the position.)
Can you show me or explain to me how would you perform the tasks?
Ask if the person fully understands the job. Describe the job site (location, physical surrounding, etc.). Use the official job description, Standard Operating Procedures (SOPs) and/or other current and accurate job-related documents as a common basis for the discussion. Stick to the facts.
Cover the things you want done on the job. Focus on the end product, not simply the way it is done now or has been done in the past. Discuss the quality, quantity and timeliness of work that you will expect.
Suggest a tour of the work site if that would be helpful. Be aware of common areas that the person may be interested in but may feel awkward asking about, such as the lunchroom and the restroom.
State clearly your requirements for regular and reliable attendance.
Document the interview with enough details to be able to explain what happened and who said what to whom and then call the HR department for advice and assistance.
DMG: Diversified Management Group
1850 Gateway Blvd., #275, Concord, CA94520, 800-746-4364 x 6105
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