At what stage can employers legally inquire about an applicant's disability?

Employers can legally inquire about an applicant's disability after a job offer has been made. This is primarily due to the provisions set forth in the Americans with Disabilities Act (ADA). The ADA prohibits discrimination against qualified individuals with disabilities in all aspects of employment, including hiring.

Before a job offer is made, employers are restricted from asking questions that could reveal a disability or require the applicant to disclose their disability status. This ensures that hiring decisions are based on the applicant's qualifications and experience, not on their disability.

Once a job offer has been extended, employers may ask questions about the applicant's disability status if it is related to the job's requirements and if they need to assess how to accommodate the applicant. This approach upholds the balance between the rights of individuals with disabilities and the operational needs of the employer.

This understanding of timing helps protect the applicant’s rights while still allowing employers to make informed decisions about accommodations and job fit after a conditional offer has been made.