Quiz: Under the ADA, legal question or not? ? Business ...

Consider the following questions a manager might ask during the interview process. Answer yes to the questions the U.S. Equal Employment Opportunity Commission (EEOC) lists as legal under the Americans with Dis??abili?ties Act (ADA); no to the ones that it deems unlawful.

1. What medications are you currently taking?? Yes ? No ?
2. How many days did you take leave last year?? Yes ? No ?
3. How tall are you??? Yes ? No ?
4. How did you break your arm??? Yes ? No ?
5. Do you drink alcohol?? Yes ? No ?
6. How much alcohol do you drink each week?? Yes ? No ?
7. How many days were you sick last year?? Yes ? No ?
8. Can you meet this job?s attendance requirements?? Yes ? No ?
9. Do you have the required licenses to perform this job?? Yes ? No ?
10. Have you ever filed for workers? compensation?? Yes ? No ?
11. Do you have a disability that would prevent you from performing the essential functions of the job with or without accommodations??? Yes ? No ?
12. How well can you handle stress? Yes ? No ?
13. When do you expect to be off those crutches?? Yes ? No ?
14. How often will you require leave for treatment of your disability??? Yes ? No ?

Advice: When judging the legality and validity of any question as it relates to disability issues, ask yourself: Does the question focus on disability, or does it focus on the ability to perform the job?

Online resource: See the EEOC?s Guide to Pre-employment Inquiries.

Answers: 1. No; 2. Yes; 3. Yes; 4. Yes; 5. Yes; 6. No; 7. No; 8. Yes; 9. Yes; 10. No; 11. No; 12. Yes; 13. No; 14. No.

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