Disability-Related Inquiry

Reference Number: 

A disability-related inquiry is a question or series of questions that result in information about a disability.  Questions to avoid include-—

  • Asking if the person has or ever had a disability.
  • Asking a person how he/she became disabled and the severity of the disability.
  • Asking a person to provide medical documentation about a disability.
  • Asking co-workers, family members or friends about an employee's disability.
  • Asking about genetic information.
  • Asking about worker's compensation claims.
  • Asking about drugs and medications currently being taken or taken in the past.
  • Asking broad questions about impairments that result in information about a disability.

Any question that does not elicit information about a disability is not prohibited under the ADA.  Questions such as—

  • Asking about an employee's well being, a cold, a divorce, etc.
  • Asking about nondisability-related impairments.
  • Asking an employee if he/she can perform the job functions.
  • Asking an employee if he/she has been drinking or has been using drugs.
  • Asking for contacts/phone numbers in case of a medical emergency.
  • Asking a pregnant employee when the baby is due....make sure the employee is pregnant before asking this question.