ADA Guidelines Regarding Disclosing Disabilities During Interviews

Disclosing a disability can be daunting because, in many instances, this requires individuals to discuss highly personal information with professional associates. There are many factors to consider when deciding how to disclose a disability. Prospective employees often feel pressured to disclose a disability, especially when they may require an accommodation. However, the Americans with Disabilities Act (ADA) clearly outlines when a disclosure must be made and what an employer is required to do to accommodate that disability.

HandshakeWhen do Texas Employers Need to Be Notified of Disability?

Requiring a prospective employee to disclose their disability prior to a job offer is an unreasonable requirement. As such, the ADA has provided guidance to both employees and employers on what is permissible to inquire about and what is required to be disclosed.

In general, the ADA bars an employer from asking questions, during the pre-offer period, that may require a prospective employee to reveal a disability. This includes prohibiting an employer from asking questions during an interview, eliciting answers through written questionnaires, or from reviewing records from a medical exam.

During this period, employers cannot ask questions such as those asking about disabilities, asking if the interviewee has conditions that would interfere with the work, those regarding previous lost time from work because of an illness, previous workers’ compensation claims, and questions regarding prescription drugs.

This prohibition is only in place during the pre-offer period (before a job offer has been made). After an employer makes a job offer they may ask questions regarding a disability. These questions must be uniformly asked to all prospective employees who were offered a similar job.

Texas Employer’s Duty to Provide Reasonable Accommodations

Although employers cannot ask about disabilities prior to a job offer, there are some instances where they may find out that a disability exists. An employer is permitted to ask a prospective employee if they need reasonable accommodations to go through the hiring process. This may come up in situations where there is a written test or a skills test. However, this information must be kept strictly confidential.

Have You Been Discriminated Against By a Texas Employer?

If you believe you have been discriminated against by an employer, you should contact the Dallas employment lawyers at Robert Wiley, P.C. The attorneys at the Robert Wiley have almost two decades of experience handling all types of employment discrimination cases in Dallas. If an employer has taken steps to discriminate against you during the interviewing or hiring process, you may be entitled to relief for the discrimination you have endured. Contact the office today at 214-528-6500 to schedule your free initial consultation. We represent clients in Dallas and across Texas in discrimination cases.

More Blog Posts:

Helpful Tips and Tools When Dealing with a Workplace Investigation in Texas, Dallas Employment Lawyer Blog, May 16, 2018.

How a Texas Employee Can Prove a Case of Employment Discrimination, Dallas Employment Lawyer Blog, May 2, 2018.

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