Employers sometimes ask questions that make job applicants uncomfortable. One of the most sensitive topics is disability. You might wonder if a potential employer can legally ask about your disability before or after hiring.
What the law says about disability questions
Federal and state laws protect you from being asked about a disability during the hiring process. The Americans with Disabilities Act (ADA) makes it illegal for employers to ask if you have a disability before making a job offer. They also can’t ask questions that could reveal a disability, like inquiries about medications, past injuries, or mental health history.
After a job offer, employers can ask limited questions about your health, but only if they ask the same questions to all new hires in that role. They can’t take back the offer because of a disability unless it directly affects your ability to do the job safely.
When disability questions are allowed
Employers can ask about disabilities in some situations. If you ask for accommodations, they can request information to support your request. They can also ask medical questions if there’s a clear safety concern or if you’re having trouble performing essential job duties.
These questions must stay focused on your ability to perform the job. They can’t ask about unrelated health conditions or require you to share detailed medical records.
How to respond if asked
If you’re asked an illegal question, you can choose to answer, refuse politely, or steer the conversation back to your qualifications. For example, you might say, “I’m confident I can handle the responsibilities of this position.”
After you’re hired, you have the right to reasonable accommodations if you need them. You can share as much or as little as you’re comfortable with when requesting support.
Understanding what employers can and can’t ask helps you stay in control during the hiring process. If a question feels wrong, it might be. Knowing your rights gives you the confidence to handle these situations professionally and calmly.
