During the interview, questions can be asked to determine whether or not a candidate is qualified to do the job. You may ask if an applicant can perform essential functions of the position, as well as ask the applicant to describe or demonstrate how he or she would perform the essential functions of the position with or without reasonable accommodation.
For example, the position may require that telephone calls be made. A candidate with a hearing loss applies for the position. She states that she can perform the essential functions of making telephone calls with a volume control for the telephone.
Therefore, the candidate can perform that essential function of the position with a reasonable accommodation. If the candidate states that he or she cannot perform the essential functions of your position with or without reasonable accommodations, then that person is not qualified for the position. While not required, it is strongly encouraged that you repeat the question and ensure that the candidate understands the meaning of "with or without reasonable accommodation."
Information that may be requested on application forms or in interviews includes the following:
Under the ADA, an employer may not ask disability-related questions and may not conduct medical examinations until after it makes a conditional offer to the applicant. Questions are prohibited which would likely elicit information about a disability, or whether an applicant has a particular disability.
In general, questions are prohibited regarding the nature or severity of disability, the condition causing disability, prognosis, or treatment. Inquiries should also not be made about possible leave time for treatment, and certainly not about prior workers' compensation claims. These types of questions are now prohibited to ensure that persons with disabilities are given an equal opportunity to apply for a position without regard to their disability.
EEOC regulations interpreting the ADA list numerous questions that may not be asked on application forms or in job interviews. Some of these are:
During the interview process, candidates with disabilities should also never be counseled toward more restrictive career options. They can be informed of the requirements of a given career, and the difficulties they may encounter, but cannot be counseled away from an area of interest simply because of their disability.
Regardless of physical limitations, it is the fit between an individual's abilities and the position that matters. Don't be afraid to make mistakes, but accept a share of responsibility for making the interaction successful. You can give candidates with disabilities a fair chance to present their qualifications by ensuring that: