Hello, and welcome to Training with LegalEase. Today, I’d like to talk about pre-offer disability questions.

Employers, can you ask disability questions pre-offer? The answer is No. Employers, you are not entitled to solicit information about an applicant’s disability status before making a job offer. It violates the Americans with Disabilities Act.

This issue was recently raised by the EEOC in a lawsuit filed against a clinic in Ohio  – All Day Medical Clinic. The clinic found out that a new employee had a disability and fired the employee for not raising the disability during the interview process. The EEOC sued and explained:

• Employers cannot ask about disability status during an interview.
• Employers cannot refuse to hire an employee or applicant after learning about disability status.
• Employers certainly cannot terminate an employee after learning about the employee’s disability status.

All of these actions would violate the ADA.

Employers, if you have questions about how to manage a pre-offer issue with disability, give us a call. If you also have questions about how to manage post-offer questions about disability status, give us a call. We would be happy to help you. You can schedule a consultation directly from our website.

Thank you for joining, Training with LegalEase.