Under the ADA, can an employer ask an applicant if they are disabled or about the nature or severity of a disability?

Under the ADA, can an employer ask an applicant if they are disabled or about the nature or severity of a disability?

• A. Yes, they can ask
• B. No, they can ask if they have the ability to perform the task related to the job
• C. Yes, only after a background check
• D. Only after employment is offered

Answer: (B)

The permissible focus is on actual ability to perform essential job tasks, not on disability status. Under the ADA, you can’t ask an applicant if they are disabled or about the nature or severity of a disability during the hiring process. Instead, you may ask whether the applicant can perform the job’s essential functions, with or without reasonable accommodation. This keeps the assessment centered on job capability rather than medical condition. If a medical inquiry becomes relevant, that step should come after a conditional job offer and must be directly related to the ability to perform the job with reasonable accommodations, ensuring it’s consistent with business necessity.

The permissible focus is on actual ability to perform essential job tasks, not on disability status. Under the ADA, you can’t ask an applicant if they are disabled or about the nature or severity of a disability during the hiring process. Instead, you may ask whether the applicant can perform the job’s essential functions, with or without reasonable accommodation. This keeps the assessment centered on job capability rather than medical condition. If a medical inquiry becomes relevant, that step should come after a conditional job offer and must be directly related to the ability to perform the job with reasonable accommodations, ensuring it’s consistent with business necessity.