Illegal Job Interview Questions (ADA)

An employer may not ask about the nature of a disability, even if the disability is obvious.

An employer may not ask how many days the applicant was”sick.”

An employer cannot inquire about past addiction to illegal drugs or controlled substances (an ADA disability that is protected).

An employer may not ask the applicant about prescription drugs.

An employer cannot ask if the applicant is an alcoholic, a protected ADA disability. The employer cannot ask how much the applicant drinks or whether the applicant is an alcoholic or has been treated for alcoholism.

An employer cannot require examinations that tend to identify medical disorders or impairments (for example, anxiety or depression).

An employer should not ask, if the applicant has a particular disease
or condition, such as AIDS.

An employer should not ask an applicant about the applicant’s workers’ compensation history.

An employer should not ask if an applicant has ever been treated for mental health problems.

An employer may not ask third parties (for example, former employers or state agencies) for any information about an applicant that cannot be requested directly from the applicant.