What Kinds of Questions Are Prohibited During a Job Interview?

From the EEOC:

The ADA prohibits employers from asking questions that are likely to reveal the existence of a disability before making a job offer (i.e., the pre-offer period). This prohibition covers written questionnaires and inquiries made during interviews, as well as medical examinations. However, such questions and medical examinations are permitted after extending a job offer but before the individual begins work (i.e., the post-offer period).


Here are some examples of questions that an employer cannot ask on an application or during an interview:

Do you have a heart condition?

Do you have asthma or any other difficulties breathing?

Do you have a disability which would interfere with your ability to perform the job?

How many days were you sick last year?

Have you ever filed for workers' compensation?

Have you ever been injured on the job?

Have you ever been treated for mental health problems?

What prescription drugs are you currently taking?

May the employer ask me these questions after making a job offer?

Yes. An employer can ask all of the questions listed above, and others that are likely to reveal the existence of a disability, after it extends you a job offer as long as it asks the same questions of other applicants offered the same type of job.

In other words, an employer cannot ask such questions only of those who have obvious disabilities. Similarly, an employer may require a medical examination after making a job offer as long as it requires the same medical examination of other applicants offered the same type of job.



To join the Disability Law Committee, contact Austin Newberry at the Bar, at anewberry@flabar.org.

Guidance material for use by state and local governments in complying with the ADA.

Justice Department Publishes Guidance on ADA Compliance

The U.S. Department of Justice (DOJ) is preparing guidance material for use by state and local governments in complying with the ADA. The “ADA Best Practices Tool Kit” provides guidance on identifying barriers to access in government programs, services, activities, and facilities and how to correct them. The first installment, released in December, provides an overview of the ADA and relevant regulations. A second section covers notice and grievance procedures and includes a compliance checklist and sample notices and policies. The information is posted on DOJ’s website at www.usdoj.gov/crt/ada/pcatoolkit/abouttoolkit.htm. Additional installments will be posted throughout the year as they become available.


To join the Disability Law Committee, contact Austin Newberry at the Bar, at anewberry@flabar.org.

New EEOC Publication Addresses Employment of Health Care Workers with Disabilities

The U.S. Equal Employment Opportunity Commission Monday, Feb. 26, 2007

CONTACT: Charles Robbins
David Grinberg
(202) 663-4900
TTY: (202) 663-4494

New EEOC Publication Addresses Employment of Health Care Workers with Disabilities

Latest Q&A Fact Sheet Explains How Americans with Disabilities Act Applies to Employment in the Health Care Industry

Washington, D.C. - Naomi C. Earp, Chair of the U.S. Equal Employment Opportunity Commission (EEOC), today announced the issuance of a new question-and-answer (Q&A) fact sheet on the application of the Americans with Disabilities Act (ADA) to job applicants and employees in the health care industry. The new publication, part of a series of Q&A documents about specific disabilities in the workplace and specific industries, is available on the EEOC's web site at http://www.eeoc.gov/facts/health_care_workers.html.

Health care is the largest industry in the American economy. The health care industry provided more than 13 million jobs in 2004 and is expected to account for 19 percent of all new jobs created between 2004 and 2014 -- more than any other industry. In addition, the health care industry has a high incidence of occupational injury and illness. Health care jobs may involve potential exposure to airborne and bloodborne infectious disease, injuries from syringes, and other dangers; many health care jobs can also be physically demanding and mentally stressful.

The new Q&A fact sheet provides practical information about applying ADA employment rules in health care jobs, in a variety of settings - from public and private hospitals and nursing care facilities to doctors' and dentists' offices and diagnostic laboratories. The occupations within the health care field are many and varied, including not only physicians, surgeons, dental hygienists and nurses, but social workers, physical therapists, medical records clerks, laboratory technicians, paramedics, home health aides, and custodial and food service workers in medical facilities.

"We should be mindful that disability does not mean inability, and that every individual deserves the freedom to compete on a fair and level playing field," said Chair Earp in announcing the issuance of the new document. "People with disabilities represent a vast pool of untapped talent for employers, particularly in an industry that is growing as rapidly as the health care industry."

Although the rules under Title I of the ADA are the same for employers and individuals with disabilities in all industries, this fact sheet explains how the ADA applies to some unique situations that may arise in the health care setting. Many of the real-life examples in the fact sheet are based on cases that have been decided by courts or settled by the EEOC.

Topics discussed in the new publication include:

* When someone is an "employee" covered by the ADA (as opposed to
an independent contractor);

* When someone is an "individual with a disability" under the ADA;

* How to determine if a health care applicant or employee with a
disability is qualified for ADA purposes;

* What types of reasonable accommodations health care workers with
disabilities may need and the limitations on a health care
employer's obligation to provide reasonable accommodation;

* When an employer may ask health care applicants or employees
questions about their medical conditions or require medical
examinations; and

* How a health care employer should handle safety concerns about
applicants and employees.

The EEOC's latest ADA publication helps to advance the goals of the New Freedom Initiative, President Bush's comprehensive strategy for the full integration of people with disabilities into all aspects of American life. The New Freedom Initiative seeks to promote greater access to technology, education, employment opportunities, and community life for people with disabilities. An important part of the New Freedom Initiative strategy for increasing employment opportunities involves providing employers with technical assistance on the ADA.

The EEOC enforces Title I of the ADA, which prohibits employment discrimination against people with disabilities in the private sector and state and local governments, and the Rehabilitation Act's prohibitions against disability discrimination in the federal government. In addition, the EEOC enforces other federal laws prohibiting employment discrimination based on race, color, religion, national origin, sex, and age. Further information about the EEOC is available on its web site at www.eeoc.gov.

Source: EEOC



To join the Disability Law Committee, contact Austin Newberry at the Bar, at anewberry@flabar.org.

How Do I File a Complaint with the EEOC?

Filing a Charge of Employment Discrimination

Who Can File a Charge of Discrimination?

Any individual who believes that his or her employment rights have been violated may file a charge of discrimination with EEOC.

In addition, an individual, organization, or agency may file a charge on behalf of another person in order to protect the aggrieved person's identity.

How Is a Charge of Discrimination Filed?

A charge may be filed by mail or in person at the nearest EEOC office.

Individuals who need an accommodation in order to file a charge (e.g., sign language interpreter, print materials in an accessible format) should inform the EEOC field office so appropriate arrangements can be made.

Federal employees or applicants for employment should see Federal Sector Equal Employment Opportunity Complaint Processing.

What Information Must Be Provided to File a Charge?

The complaining party's name, address, and telephone number;

The name, address, and telephone number of the respondent employer, employment agency, or union that is alleged to have discriminated, and number of employees (or union members), if known;

A short description of the alleged violation (the event that caused the complaining party to believe that his or her rights were violated); and
The date(s) of the alleged violation(s).

Federal employees or applicants for employment should see Federal Sector Equal Employment Opportunity Complaint Processing.

What Are the Time Limits for Filing a Charge of Discrimination?

All laws enforced by EEOC, except the Equal Pay Act, require filing a charge with EEOC before a private lawsuit may be filed in court. There are strict time limits within which charges must be filed:

A charge must be filed with EEOC within 180 days from the date of the alleged violation, in order to protect the charging party's rights.

This 180-day filing deadline is extended to 300 days if the charge also is covered by a state or local anti-discrimination law. For ADEA charges, only state laws extend the filing limit to 300 days.

These time limits do not apply to claims under the Equal Pay Act, because under that Act persons do not have to first file a charge with EEOC in order to have the right to go to court. However, since many EPA claims also raise Title VII sex discrimination issues, it may be advisable to file charges under both laws within the time limits indicated.

To protect legal rights, it is always best to contact EEOC promptly when discrimination is suspected.

Federal employees or applicants for employment should see Federal Sector Equal Employment Opportunity Complaint Processing.


Continued on site

You may also consider contacting the Advocacy Center for Persons with Disabilities, Inc., Florida's Protection and Advocacy Program for people with disabilities, which has a very active employment discrimination program.

Contact Corey Hinds at c.hinds@advocacycenter.org or Steve Howells at SteveH@advocacycenter.org.

You may also wish to contact the Florida Commission on Human Relations, which investigates job discrimination complaints:

Florida Commission on Human Relations or
Human Relations Commission

2009 Apalachee Parkway
Suite 100
Tallahassee, FL 32301
1-800-342-8170
850-488-7082

The Florida Bar refers to attorneys statewide who specialize in employment discrimination law:
The Florida Bar - for Lawyer Referral List
650 Apalachee Pkwy.
Tallahassee, FL 32399-2300
1-800-342-8060
(850) 561-5600



To join the Disability Law Committee, contact Austin Newberry at the Bar, at anewberry@flabar.org.

Technical Assistance Materials from the EEOC

The EEOC has published specialized technical assistance materials:


Questions and Answers about Deafness and Hearing Impairments in the Workplace and the Americans with Disabilities Act

Blindness and Vision Impairments in the Workplace and the ADA

The Americans with Disabilities Act's Association Provision

Diabetes in the Workplace and the ADA

Epilepsy in the Workplace and the ADA

Persons with Intellectual Disabilities in the Workplace and the ADA

Cancer in the Workplace and the ADA


To join the Disability Law Committee, contact Austin Newberry at the Bar, at anewberry@flabar.org.

Did you know that in Fiscal Year 2006, the EEOC received 15,625 charges of disability discrimination?

In Fiscal Year 2006, EEOC received 15,625 charges of disability discrimination. EEOC resolved 15,045 disability discrimination charges in FY 2006 and recovered $48.8 million in monetary benefits for charging parties and other aggrieved individuals (not including monetary benefits obtained through litigation).

source: http://www.eeoc.gov/types/ada.html


To join the Disability Law Committee, contact Austin Newberry at the Bar, at anewberry@flabar.org.

DOJ Settlement with City Cab Company in Crestview, FL re blind passenger with service animal.

City Cab Company, Crestview, Florida -- The Department signed an agreement with City Cab resolving a complaint alleging that the taxi provider denied services to a blind passenger because the passenger was accompanied by a service animal. City Cab agreed to adopt a policy requiring all drivers to transport individuals accompanied by service animals and to provide the complainant with complimentary taxi services for a period of one year.



To join the Disability Law Committee, contact Austin Newberry at the Bar, at anewberry@flabar.org.

DOJ: Largest Pizza Hut Franchisee Agrees to Nationwide Accessibility

Largest Pizza Hut Franchisee Agrees to Nationwide Accessibility --

The Department signed an agreement with NPC International Inc. that will make NPC’s Pizza Hut restaurants accessible nationwide to people with disabilities. NPC, which operates approximately 800 Pizza Hut restaurants in 25 states, is the largest single franchisee of Pizza Hut restaurants in the United States. Whether existing, altered, or newly constructed, these restaurants will have the following accessible features at a minimum:

Parking areas will have two accessible parking spaces, including one accessible to vans. They will be on the shortest accessible route to an accessible entrance and marked with appropriate signage.

An accessible entrance will connect to all accessible spaces within the site through an accessible route that is free of obstructions. The doors will not be too heavy and will have hardware that is easy to operate.

Dining, food service, and customer service areas will include at least one accessible table or booth, an accessible counter surface or check-writing area where payment is made, and signs stating that service will be provided upon request (for example, where self-service food areas are difficult to reach or manage) to customers with disabilities.

Public rest rooms will be accessible. Either accessible stalls in multistall rest rooms or accessible unisex rest rooms will be provided unless the Department and NPC agree (under specific terms in the agreement) that is it not reasonable or feasible to do so. The accessible rest rooms will have grab bars, a lavatory that can be operated easily, and other accessibility features.

In addition, NPC will survey and evaluate all NPC-owned facilities that were subject to the ADA’s new construction or alterations standards at the time of their construction or alteration and bring them into compliance with the standards that were in effect at the time. At the 180 NPC-operated outlets that are dedicated solely to delivery and carry-out, that have no in-restaurant dining, and that are owned by a party other than NPC, NPC will make its best efforts to work with landlords to ensure accessibility. NPC will also build all future facilities in compliance with ADA Standards for Accessible Design, designate a compliance officer, and train all personnel involved in implementing the agreement.


To join the Disability Law Committee, contact Austin Newberry at the Bar, at anewberry@flabar.org.

How is Medicaid Reform in Florida Affecting People with Disabilities and Their Families?

Florida is undertaking an effort to "reform" Medicaid. It has done so in two counties - Broward and Duval - and during the 2005 Special Session, the Legislature authorized the expansion of Medicaid Reform to Baker, Clay, and Nassau Counties. The expansion of Medicaid Reform is expected to take place during July 2007 in these counties.

How is the experiment affecting people with disabilities?

See comments of the ADA Working Group.
See comments of the Advocacy Center.
See remarks of the Florida Developmental Disabilities Council

We want to hear from you.


To join the Disability Law Committee, contact Austin Newberry at the Bar, at anewberry@flabar.org.