The Americans with Disabilities Act (ADA) prohibits questioning a job applicant about medical conditions or disabilities before making a job offer. This restriction extends to written questionnaires and inquiries made during interviews as well as medical examinations. Only after a conditional job offer is extended can an employer inquire about a candidate’s medical conditions that relate to performing the essential duties of a job. Once a medical condition is voluntarily divulged by an applicant or discovered through a post offer screening process, an employer must engage in an interactive process to determine if an reasonable accommodation is available.
Applicant Screening at a Glance
Pre-Offer Stage: Employers cannot ask about an applicant’s medical history, disabilities, or require a medical examination before extending a conditional job offer. Questions must focus on the applicant’s ability to perform job-related functions.
Post-Offer Stage: Following a conditional job offer, the employer may require the candidate to undergo a medical examination or ask health-related questions, but this requirement must apply to all entering employees in the same job category and must be job-related or consistent with business necessity.
Reasonable Accommodations: If an applicant discloses a disability (voluntarily) or a disability is discovered post offer, employers must work with the candidate to determine what accommodation is necessary to perform essential job functions.
Reasonable Accommodations Case Law Examples
Looking at cases involving the process of granting a reasonable accommodation is helpful to gain insight into the law that protect the disabled community:
EEOC v. Bay State Health Inc. 2023 – After receiving a conditional job offer, the applicant in this case discloses a medical condition (epilepsy controlled via medication) and the job offer is rescinded because of safety concerns. Court finds that the employer did indeed violate the ADA because they rescinded the job offer without assessing whether the applicant could perform the essential duties of the job with an accommodation; they failed to enter into the interactive process to discuss what accommodations were feasible; and the employer did not provide evidence that the applicant posed a significant safety threat. Damages include lost wages, compensatory damages for emotional distress, and punitive damages for failure to comply with the ADA.
EEOC v Smith’s Detection, Inc. 2024 – In this case, a partially hearing disabled employee requests personal protective equipment (PPE) to safeguard hearing from loud manufacturing equipment noise. The employer fails to engage in the interactive process, and instead demotes employee to a lower paying role in a quieter area. The employee files suit because her employer failed to engage in interactive process; demotion is not a reasonable accommodation; and the employer did not prove that the requested PPE accommodation would result in undue hardship. The case is ongoing, but potential damages may include back pay, compensatory damages, punitive damages and injunctive relief.
The rights of disabled individuals in the workplace are primarily protected by the Americans with Disabilities Act (ADA), with adjacent protections under state laws. The disabled may not be discriminated against with regard to their disability in all aspects of employment including hiring, pay, promotions and demotions, job assignments and termination. Employers may not ask about disabilities or medical conditions before making a job offer. A qualified applicant is one that can perform the essential duties of a job with or without reasonable accommodations. Employers cannot make employment decisions based on the discovery of a disability and they must provide reasonable accommodations, engaging in an interactive process. Employees are protected from retaliation for exercising ADA rights.
Contact an Experienced Employment ADA Law Attorney
When you are denied a job, had a job offer rescinded, or suffered an adverse employment action such as termination due to a disability, you may have a claim for employment discrimination based on disability. Contact the employment discrimination lawyers of Alan C Olson & Associates for immediate assistance at 262-785-9606.
