Can employers ask about an applicant's disability during the hiring process?

Prepare for the Equal Employment Opportunity Test with flashcards and multiple-choice questions, each offering hints and explanations. Excel in your EEO exam!

Employers are generally not allowed to ask about an applicant's disability during the hiring process, except when the inquiries are specific to the applicant's ability to perform essential job functions. This approach aligns with the principles established by the Americans with Disabilities Act (ADA), which prohibits discrimination against individuals with disabilities in all aspects of employment, including hiring.

The reason that option C is the correct answer is that it recognizes the need for a balance between an applicant's rights and an employer's need to assess whether an individual can meet the requirements of the job. If a disability is relevant to the performance of specific job duties, then asking about it can be permissible. However, inquiries must be directly tied to job performance and should not be general questions about the applicant's health or disability status.

The other options do not accurately reflect the legal framework. Asking about disabilities at any time without context (as suggested in option A) would violate the ADA. Seeking such information after a job offer (as in option B) is also misleading since it might imply that information could influence hiring decisions even if the applicant is offered a job. Lastly, stating that employers can never ask about disabilities (as suggested in option D) is overly restrictive, as context-specific inquiries related to job performance are

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy