Roofing contractors seeking to hire good workers often inquire
whether it is permissible to ask applicants about their abilities
to physically perform essential job functions associated with
roofing work. The concern is that asking these types of questions
may disclose an applicant has a disability. Roofing contractors
want to avoid a discrimination claim involving an applicant who is
not hired for an available position and then alleges he or she was
discriminated against because of a disability disclosed during the
interview process.
The law also is sensitive to this concern, so it is important to
know which questions are appropriate and when you can ask them.
Under the Americans with Disabilities Act (ADA), an employer may
ask disability-related questions and require an applicant to
undergo medical examinations only after the employer has
given the applicant a conditional job offer. A "disability-related
question" is a question likely to elicit information about a
disability. When conducting an interview—and before a job
offer is made—employers may not ask job applicants about a
disability's existence,...
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