What if a Job Applicant Discloses a Disability?

By on August 5, 2021
Posted In Employment, Labor

What should employers do if a job applicant voluntarily discloses a disability during an interview?

In most cases, employers cannot ask disability-related questions until after an applicant receives a conditional job offer, according to McDermott’s Laurie A. Baddon in this Society for Human Resource Management article. Once the employer makes a conditional offer, the employer can ask disability-related questions and require medical examinations for any applicant. Employers can ask applicants about their ability to perform essential job duties with or without accommodation.

Access the article.

Laurie BaddonLaurie Baddon
Laurie A. Baddon focuses her practice on employment litigation and counseling. She defends employers in all stages of employment litigation including in class action and single plaintiff wage and hour lawsuits and in harassment, discrimination, retaliation, wrongful termination, misclassification, and breach of contract claims. Read Laurie Baddon's full bio.

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