Reference Number: CTAS-2024
A disability-related inquiry is a question or series of questions that result in information about a disability. Questions to avoid include-—
- Asking if the person has or ever had a disability.
- Asking a person how he/she became disabled and the severity of the disability.
- Asking a person to provide medical documentation about a disability.
- Asking co-workers, family members or friends about an employee's disability.
- Asking about genetic information.
- Asking about worker's compensation claims.
- Asking about drugs and medications currently being taken or taken in the past.
- Asking broad questions about impairments that result in information about a disability.
Any question that does not elicit information about a disability is not prohibited under the ADA. Questions such as—
- Asking about an employee's well being, a cold, a divorce, etc.
- Asking about nondisability-related impairments.
- Asking an employee if he/she can perform the job functions.
- Asking an employee if he/she has been drinking or has been using drugs.
- Asking for contacts/phone numbers in case of a medical emergency.
- Asking a pregnant employee when the baby is due....make sure the employee is pregnant before asking this question.