ADA: Chart of what may or may not be asked when interviewing candidates
Candidates are asked many questions during job interviews, and by many company representatives. Some questions, however, should not be asked in interviews, as they can risk violations of various anti-discrimination laws, including the federal Americans with Disabilities Act (ADA). The following chart can help navigate questions during interviews with job candidates before a job offer is made.
What to ask and not to ask during a pre-offer interview
Before a job offer is made, questions that are likely to elicit information about a disability are not allowed. This includes directly asking whether an applicant has a particular disability. It also means you cannot ask questions that are closely related to disability.
Use this chart to help navigate compliance with the federal Americans with Disabilities Act (ADA) during interviews with job candidates before a job offer is made.
| You may ask | You may not ask |
| Can you perform, with or without reasonable accommodation, the job’s essential functions? | Do you have any conditions that would hamper you from performing the job’s essential functions? |
| Can you describe or demonstrate how you would perform the job? (As long as all applicants in the job category are asked to do this.) | Do you have any disabilities? |
| Will you need reasonable accommodation for the hiring process? | What is your medical history? |
| Do you have documentation of your disability? (Only if the applicant requests reasonable accommodation for the hiring process and the disability is not obvious.) | Can you perform major life activities, such as standing, lifting, walking, etc.? |
| Can you meet the company attendance requirements? | Will you need reasonable accommodation to perform the functions of the job?* |
| What are your certifications and licenses? | Do you have information about your workers' compensation history? |
| How many Mondays or Fridays were you absent last year on leave other than approved vacation leave? | How many days were you absent from your last job? |
| Do you engage in illegal drug use? | How many sick days did you take last year? |
| Have you ever used illegal drugs? | How often did you use illegal drugs in the past? |
| When is the last time you used illegal drugs? | Have you ever been treated for drug addiction? |
| Have you used illegal drugs in the last six months? | Have you used illegal drugs in the last six months? Have you ever been treated for drug abuse? |
| Do you drink alcohol? | How much alcohol do you drink? |
| Have you ever been arrested for driving under the influence? | Have you ever been arrested for driving under the influence? Have you ever participated in an alcohol rehabilitation program? |
* If you reasonably believe an applicant will need reasonable accommodation because of an obvious disability, you may ask certain limited questions.