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EMPLOYMENT LAW GUIDE: - page 107 / 134

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  • Can you meet the attendance requirements?

  • What was your attendance record at your prior place of employment?

  • Invite applicants to voluntarily disclose their disability for purposes of assisting the

employer in its affirmative action efforts. Make it clear that information will be used solely in connection with its affirmative action efforts, will be kept confidential, and that non-disclosure will not subject the applicant to adverse treatment.

Employer May Not Ask

  • Do you have a handicap/disability?

  • Do you have any job-related handicaps/limitations that would prevent you from doing

the job?

  • Have you ever received Workers' Compensation?

  • Have you ever been addicted to illegal drugs or treated for drug abuse/alcoholism?

  • Have you ever been absent from work due to illness?

  • Do you have AIDS?

  • Questions or requests for information regarding the admission of an applicant, on one

or more occasions, voluntarily or involuntarily, to any public or private facility for the care and treatment of mentally ill persons, provided that such applicant has been discharged from such a public or private facility or facilities and is no longer under treatment directly related to such admission.

  • Questions regarding the nature, severity, treatment, or prognosis of an obvious

disability or of a hidden disability voluntarily disclosed by the applicant.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

RACE/COLOR

Employer May Ask

  • Questions for affirmative action purposes. (See section on disability.)

Employer May Not Ask

  • What is your race?

  • What is your color?

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