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When you apply for a job, there are some questions that an employer can't ask. An employer may not ask you about:
- Your disability,
- Your health,
- Medications, or
- If you have been in the hospital.
These are illegal questions. Employers might ask you these questions anyway, even though the law says they cannot. You do not have to tell the employer about your disability, health, or medications.
The only exception to this rule is when an employer asks applicants whether they have a disability on a voluntary basis because of an affirmative action program. If the employer does this, they must clearly say that the question is voluntary, for the purpose of affirmative action, and will not be used against an applicant during the employment process.
During the job interview
If an employer asks you an illegal question, you can say:
"I do not answer questions about things that are private and not related to the job. I would be happy to discuss my qualifications for this job"
If you took time off of work because of a disability, and an employer wants to know why you did not work for some time, you can say:
"I took time off from work to handle a private family matter."
Physical or medical examinations
The employer can ask you questions about your health and require medical exams, but only:
- After the employer offers you a job,
- Before you start the job, or
- If it is required for all new employees.
Legal Comment
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