The basic requirements regarding pre-employment inquiries and the types of questions that are prohibited on job application forms apply to the job interview as well.
The job interview should focus on the ability of an applicant to perform the job, not on a disability.
The interviewer could obtain needed information about an applicant's ability and experience in relation to specific job requirements through statements and questions such as: "80% of the time of this sales job must be spent on the road covering a three-state territory. What is your outside selling experience? Do you have a valid driver's license? What is your accident record?"
Where an applicant has a visible disability (wheelchair), or has volunteered information about a disability, the interviewer may not ask questions about:
- Nature of the disability;The interviewer may describe or demonstrate the specific functions and tasks of the job and ask whether an applicant can perform these functions with or without a reasonable accommodation.
An interviewer may give the applicant a copy of a detailed position description and ask whether s/he can perform the functions described in the position, with or without a reasonable accommodation.
Questions may be asked regarding ability to perform all job functions, not merely those that are essential to the job.
An interviewer may obtain information about an applicant's ability to perform essential job functions and about any need for accommodation in several ways, depending on the particular job applicant and the requirements of a particular job.
If an applicant indicates that s/he can not perform an essential job function even with an accommodation, the applicant would not be qualified for the job in question.
An interviewer may not ask whether an applicant will need to or request leave for medical treatment or for other reasons related to disability.
The interviewer may provide information on the employer's regular work hours, leave policies, and any special attendance needs of the job, and ask if the applicant can meet these requirements (provided that the requirements actually are applied to employees in a particular job).
Information about previous work attendance records may be obtained on the application form, in the interview or in reference checks, but the questions should not refer to illness or disability.
The employer must provide an accommodation, if needed, to enable an applicant to have equal opportunity in the interview process. The employer may find it helpful to state in an initial job notice, and/or on the job application form, that applicants who need accommodation for an interview should request this in advance.
Needed accommodation for interviews may include: an accessible location for people with mobility impairments, a sign interpreter for a deaf person, a reader for a blind person.
Before making a conditional job offer, an employer may not request any information about a job applicant from a previous employer, family member, or other source that it may not itself request of the job applicant.
If an applicant has a known disability and has indicated that s/he could perform a job with a reasonable accommodation, a previous employer may be asked about accommodations made by that employer.