Do not ask candidates about their characteristics that the law prohibits you from asking. For example, do not ask about:
- Race
- Religion
- Age (unless age is a requirement for the job)
- Disability
- This is one of the most difficult laws for many employers to understand and comply with.
- Remember this: You can ask people about their abilities; but not their disabilities!
Below are some disability-related questions that an employer should generally not ask:
- Are you disabled?
- List conditions or diseases for which you have been treated?
- Have you ever been hospitalized, and if so, what for?
- Do you have a medical condition?
- Do you have any major illnesses that we should be aware of?
- Did you miss any work with your previous employers because of a medical condition?
- Do you any physical defects or ailments that we need to know?
- Do you take prescribed drugs?
- Did you ever file a workers compensation claim for a prior medical condition?
Next, we’ll go over what to do if a candidate raises a question that you wouldn’t have asked.