teens with legal issues

As a boss or business owner, it is crucial that you know what questions you are allowed to ask during an interview. More importantly, you must know what you are not allowed to ask. When it comes to interviewing a potential employee for a new job within your company, you should be thoughtful of the legality of the questions you ask them, particularly when it comes to the topic of disabilities. There are certain questions you cannot ask in accordance with the Americans with Disabilities Act. The following are some topics that should be avoided during an interview:

Disabilities That Are Noticeable

If you are interviewing someone using a cane, you are not allowed to ask about his or her disability. You also cannot ask them about how their disability will affect their work performance. Just stick with job-related questions. Let them know the job requirements and all necessary qualifications for the position. Once you provide them with that information, this is when you can ask them if they can perform these duties with or without reasonable accommodations.

Avoid Talking About Physical Limits

Keep the main requirements of the job you are filling when you are interviewing people with a disability. If the job requires primarily sitting at a desk, you should not ask if they can stand or walk a certain amount since these are not job related questions. However, you are allowed to ask them questions about above average performance of certain activities such as if they can walk so many minutes without discomfort. To address limitations, you may want to provide them with a formal job description, which thoroughly describes what movements are required for their position.

Talking About A Disability Even If The Applicant Brought It Up

There may be an instance in which an applicant volunteers information about a disability they have. This doesn't mean you are allowed to ask them a follow-up question about their disability.

Questions About Drugs and Alcohol

You are allowed to ask a candidate if they have ever used illegal drugs, you aren't authorized to ask them how often they use or have used them. You cannot ask about their alcohol consumption or if they have ever been treated for their drug and alcohol problem. You also can't ask them how much they drink each week.

By knowing the questions to ask or not ask above, you can easily interview someone for potential employment without violating the Americans with Disabilities Act. To learn more, contact a social security disability lawyer like CHARLES P. ERICKSON, ESQ.