• Skip to primary navigation
  • Skip to main content

HRMorning

  • FREE RESOURCES
  • PREMIUM CONTENT
  • HR DEEP DIVES
  • PODCASTS
    • VOICES OF HR
    • WOMEN’S LEADERSHIP TODAY
  • LOGIN
  • GET STARTED
  • Employment Law
  • Benefits
  • Recruiting
  • HR Technology
  • Payroll
  • Management
  • Women’s Leadership
  • More
    • Talent Management
    • Performance Management
    • Leadership & Strategy
    • Compensation
    • Policy & Procedures
    • Wellness
    • Staff Departure
    • HR Career & Self-Care
    • Health Care
    • Retirement Plans
  • Employment Law

Job Interviews: Do You Know This Tricky ADA Rule?

Tom D'Agostino
By: Tom D'Agostino
Read it on Beacon
  • Share on

About the Author

Tom D’Agostino is an attorney and legal editor who has more than 30 years of experience writing about employment law, disability law and education law trends. He earned his B.A. degree from Ramapo College of New Jersey and his J.D. from the Duquesne University School of Law. D’Agostino, who is a member of the Pennsylvania bar, is a past member of the American Bar Association’s Section of Individual Rights and Responsibilities and the Pennsylvania Bar Association’s Legal Services to Persons with Disabilities Committee. He has provided technical assistance in the production of segments for television’s ABC World News and 20/20, and he has been quoted in periodicals including USA Today. He is also a past contributing author of Legal Rights of Persons with Disabilities: An Analysis of Federal Law, which is a comprehensive two-volume treatise addressing the legal rights of people with disabilities. Tom is passionate about baseball and authentic Italian food. When not writing, he enjoys spending time with family.

Show Less
Last Updated: June 7, 2024
4 minute engagement
Job Interviews: Do You Know This Tricky ADA Rule
You read HRMorning's newsletter. Beacon's Daily Brief is the version tuned to you: it skips what you've already read and leads with what you've asked Beacon about. Get your Daily Brief →

Pop quiz about job interviews: If an applicant will need an accommodation to do the job, do they have to tell you so during their interview?

The answer is no, as a new suit filed by the Equal Employment Opportunity Commission (EEOC) about job interviews shows.

In the suit, the agency says an employer illegally discriminated against an employee because the employee did not disclose their need for a job-related accommodation during the interview process.

The problem: The law does not require applicants to make such a disclosure at that time – and prohibits employers from punishing them for not doing so.

Suit raises job interviews question

The target of the suit is All Day Medical Care Clinic, LLC, which operates five medical clinics in Maryland.

During the interview process, the applicant did not say anything about a need for job accommodations related to her visual impairments, the EEOC explained.

After the decision was made to hire her as a scheduling assistant, she told the employer about her vision impairments and her need for disability-related job accommodation.

The employer’s response, according to the suit, was to terminate her employment on her first day of work.

The EEOC also says that the employer questioned why the applicant/employee did not tell it about her need for accommodation earlier, such as during job interviews.

After the termination, the employer also allegedly ignored the woman’s request to keep the job and even rebuffed a vocational representative’s offer to fund and install the required accommodations.

If the allegations are true, the employer violated the Americans with Disabilities Act (ADA).

Disability inquiry rules under ADA

When it comes to job interviews, as a general rule the ADA bans covered employers from asking an applicant disability-related questions before a job offer is made. In addition, employers cannot terminate employees just because they need a disability-related accommodation.

“Under the ADA, job applicants do not need to reveal their disabilities before being hired,” said Debra Lawrence, regional attorney for the EEOC’s Philadelphia District Office, in a release. “When an employer penalizes an employee for not raising issues of disability and reasonable accommodation during the job interview, it is requiring the employee to reveal information the employee legally does not have to divulge. An employer must engage in the interactive process when an employee raises issues of reasonable accommodation.”

Here’s the scoop on disability-related inquiries and the ADA.

  • As to job interviews, before a job offer is made, questions about disability are generally off the table.
  • Once a job offer has been extended, including after job interviews, the employer may ask disability-related questions and conduct medical examinations, as long as it does so for all entering employees who are in the same job category.
  • For current employees, disability-related inquiries are permitted if they are job-related and consistent with business necessity. This means they are allowed if the employer has a reasonable belief – not based on stereotypes – that an employee’s medical condition will prevent him from competently and safely doing the job.

It gets a little tricky with ADA

On the question of what is allowed and what is not during job interviews – and before a job offer is made – there is an interesting wrinkle that all employers should be aware of.

Just consider this question and answer, drawn verbatim from an EEOC technical assistance document (emphasis added):

15. May an employer ask applicants on an application form or during an interview whether they will need reasonable accommodation to perform the job?

Generally, no. An employer cannot ask all applicants whether they would need reasonable accommodation to perform a job because the answer to this question is likely to reveal whether an applicant has a disability.

However, if the employer knows that an applicant has a disability, and it is reasonable to question whether the disability might pose difficulties for the individual in performing a specific job task, then the employer may ask whether she would need reasonable accommodation to perform that task. An employer might know that an applicant has a disability because it is obvious or she has voluntarily revealed the existence of one. If the applicant indicates that accommodation will be necessary, then the employer may ask what accommodation is needed.

This means, then, that there are times when an employer may ask about job accommodation early on in the process. But employers must be extremely careful in this regard and make sure it is reasonable to pose the accommodation question.

Accommodations for interviews are different

One final note: Don’t confuse asking about accommodations needed to do the job with accommodations that might be needed to complete the interview process.

Those are two very different things, and the EEOC has advised that employers are free to ask applicants whether they will need a reasonable accommodation in connection with the application process.

Read it on Beacon
Open this article in Beacon, from HRMorning, and ask how it applies to your company. Every answer names its source.
Read it on Beacon
Get HRMorning's newsletter tuned to you every morning: your Daily Brief on Beacon →
Filed under
  • Employment Law
  • Share on

Get the HRMorning Newsletter

With HRMorning arriving in your inbox, you will never miss critical stories on labor laws, benefits, retention and onboarding strategies.

Get it free with a Beacon account. Beacon keeps your company's HR context at hand, and every answer names its source.
Create my free account

Free Training & Resources

White Papers

Seamless & Secure: Safeguarding the Member Experience

Provided by HealthEquity

White Papers

The New Rules of Engagement: Rethinking How Employees Connect to Work

Provided by Inspirus

White Papers

Is Your Compensation Management Plan Up to Snuff?

Provided by Marsh

White Papers

The Employer Growth Standard

Provided by Asure Software

SPONSORED CONTENT

HR Technology

Talent Management

sponsored content
AI Skills Gap: The 2026 Questions HR Leaders Are Asking, Answered

Courtesy of TRINET

Performance Management

Talent Management

sponsored content
Employee Recognition Program: What the First 6 Months Reveal About Whether It Will Last

Courtesy of INSPIRUS

Compensation

Recruiting

sponsored content
Salary Benchmarking: 6 Choices That Decide Whether Your Pay Data Holds Up

Courtesy of MARSH

Further Reading

  • Employment Law
Unpaid Bonuses Lead to Big Legal Headache – and Seven-Figure Award

Sometimes, the payment of bonuses is at the discretion of the employer. But at other times, bonus payments are required under the terms of ...

  • Employment Law
New Lawsuit: Tobacco Surcharge on Health Insurance Flouts ERISA

With open enrollment season underway, you’re probably looking for ways to offer a competitive benefits package – without blowing the bu...

  • Compensation
  • Employment Law
FMLA Eligibility: Do ‘Bonus Hours’ Count Toward the 1,250?

FMLA eligibility usually looks straightforward: Employees need 1,250 hours of service in the prior 12 months. But the calculation isn’t a...

  • Employment Law
Compensable Travel Time Rules for Overnight Work Trips

Normally, an employee’s travel or commuting time is not compensable travel time under the federal Fair Labor Standards Act. But when empl...

  • Employment Law
Who Owns the Risk in an AI-Driven Workplace? 4 Critical Factors to Consider

A rejected candidate asks why they never made it past the first round. An employee wants to know why they were passed over for promotion. A...

  • Employment Law
Successfully defend discrimination claims: 5 keys for employers

Anyone can sue for discrimination. But winning? That’s another thing. Here’s an example of how to properly defend a claim of unlawful r...

Get the latest from HRMorning in your inbox PLUS Beacon, free. Check it before you say it.

GET STARTED FREE
HR Morning Logo
  • Facebook
  • Linked In
  • ABOUT HRMORNING
  • ADVERTISE WITH US
  • WRITE FOR US
  • CONTACT
  • Employment Law
  • Benefits
  • Recruiting
  • Talent Management
  • Performance Management
  • HR Technology
  • Leadership & Strategy
  • Compensation
  • Policy & Procedures
  • Wellness
  • Staff Departure
  • HR Career & Self-Care
  • Health Care
  • Retirement Plans
  • DEI

HRMorning provides the latest HR and employment law news for HR professionals in the trenches of small-to-medium-sized businesses. Rather than simply regurgitating the day's headlines, HRMorning delivers actionable insights, helping HR execs understand what HR trends mean to their business.

Privacy Policy | Terms of Service
Copyright© 2026 HRMorning
HRMorning Logo

WELCOME BACK!

Enter your username and password below to log in

Forget Your Username or Password?

Reset Password

Lost your password? Please enter your username or email address. You will receive a link to create a new password via email.

Log In

Why do we need your credit card for a free trial?

We ask for your credit card to allow your subscription to continue should you decide to keep your membership beyond the free trial period.  This prevents any interruption of content access.

Your card will not be charged at any point during your 21 day free trial
and you may cancel at any time during your free trial.

During your free trial, you can cancel at any time with a single click on your “Account” page.  It’s that easy.