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Are employers allowed to ask about disabilities during job interviews?
No, employers are generally barred from asking job applicants about their physical or mental disabilities. This includes questions about the nature or severity of a disability. There are strict laws that prohibit employers from basing a hiring decision on a person’s disability or medical condition.
Disability is a protected class under the California Fair Employment and Housing Act and the federal Americans with Disabilities Act. Asking a job applicant about their disabilities on an application form or verbally during a job interview can constitute disability discrimination.
Employers, however, are allowed to ask an applicant if they will be able to carry out the essential duties of a job. For example, an interviewer may ask if the applicant is physically able to lift a certain weight. Such questions are only legal if they are related to the job, consistent with the company’s needs and are asked of all prospective employees in the same type of position.
California employers are allowed to ask an applicant whether they can perform a job function with or without reasonable accommodations. They are also permitted to ask about the level of accommodation needed. However, such details may not be used adversely against the applicant.
Other Disability Discrimination FAQs
- Are employers allowed to ask about disabilities during job interviews?
- My employer denied my request for reasonable accommodation of my disability. What should I do?
- What is considered disability discrimination in California?
- What is the interactive process for disabled employees?
- What should I do if I have experienced disability discrimination at work?
- What types of damages can I get in a disability discrimination lawsuit?
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Client testimonials
This law firm was the only one to answer the phone out of the 15-20 law firms that I called that day. I had a wrongful termination case and Bryan really took the time to listen and understand what happened in my situation, and he knows the law to a T. – Shanic M.
I was owed wages and overtime and my employer refused to pay me. So I hired them to file a lawsuit. Bryan easily understood my very complicated case and I am happy with the results. – Ebi Z.
I didn’t have to pay anything, the firm took the whole risk of managing the case. Through the 14 months, Bryan always kept me updated, was very responsive and patient to questions I had. We achieved a resolution out of court in my favor, making me even happier about the experience. – Peter S.
I can honestly say that my experience with Bryan was all the way positive from day one… We had very high expectations about our case and in the end we got what we hoped for. – Roger J.
I won my trial and I got more than I expected. Everyone in the office is so nice and helpful. Even after everything was finished I could call a few weeks after and ask questions to make sure I was protected and they are more than helpful. – Husain N.
I never had to pay Bryan anything up front, nor was ever pressured to settle early. We ended up settling morning of the trial. Bryan is a really sharp, aggressive, seasoned attorney and knew the law inside and out about whistleblower cases. – Kyle B.
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