Washington State Department of Services for the Blind

Understanding Your Rights During the Job Interview*

The job interview is probably the most crucial step in the path to becoming employed. It is your best opportunity to make a favorable impression on a prospective employer. It may also be your only opportunity to educate the employer about the abilities of a person who is blind or visually impaired and to make him or her feel comfortable with your visual disability. The Americans with Disabilities Act of 1990 (ADA), however, prohibits employers from asking disability-related questions during an interview, so you may need to take charge of the interview process and raise the questions yourself. To do this, you must understand which questions are permitted by the ADA and which are prohibited.

This handout will briefly explain the permissible and impermissible questions, suggest some strategies for taking charge during the interview process, and explain some options you may have if you believe your rights were violated.

What can’t an employer ask during a job interview?

Although the ADA doesn’t prevent employers from seeking the information they need to evaluate a job candidate, it does restrict the scope and purpose of their questioning. Before the passage of the ADA, it was common for employers to ask job applicants about their medical or physical conditions. Now, with the enactment of the ADA, an employer cannot ask disability-related questions unless a job offer has been made. Prior to a job offer, employers cannot ask questions that are likely to elicit information about a disability or ask questions that are closely related to a disability.

For instance, an employer cannot ask if you are blind or ask questions about the level of any partial vision you might have. This type of information was often used to categorically exclude applicants who were blind before their ability to perform the job was even considered. These questions are now prohibited to ensure that persons with disabilities are given an equal opportunity to apply for a job without regard to their disability.

The law categorically prohibits “fishing” for information about a candidate’s physical or mental condition on application forms or during interviews or informal meetings. An employer may inquire only about a person’s ability to perform specific job-related functions.

Example: If you’re interviewing for a maintenance position, an employer can’t ask, “How did you lose your arm?” He or she may ask you to explain or demonstrate how you would use certain tools in that job.

The ADA prohibits employers from asking the following types of questions:

• Have you ever been treated for the following listed conditions or diseases?
• Has anyone in your family ever had any of the following listed illnesses?
• Have you ever been hospitalized? For what? List any conditions or illnesses for which you’ve been treated in the past three years.
• Have you ever been treated for a mental disorder?
• Are you taking any medication?
• Have you ever been treated for drug addiction or alcoholism?
• Do you have any major physical disabilities?
• If so, how did your disability come about? What is the prognosis for recovery?
• Have you ever filed for worker’s compensation benefits?
• How many times were you absent from your previous job because of illness?
• Do you have any disabilities that would affect your performance in the position for which you are applying?

What can an employer ask during a job interview?

During the interview, employers are allowed to ask questions to determine if you are qualified for the job. An employer may ask, for example, if you can perform job functions, including whether you can perform job functions with or without reasonable accommodations. Employers may also ask a job applicant to describe or demonstrate how he or she would perform specific job functions, as long as all job applicants in the job category are asked to do this.

In general, employers can ask questions related to essential job functions and prior job responsibilities. If you request an accommodation, they can ask what you’ll need to perform the job.

The ADA allows employers to ask the following types of questions:

• Can you lift a 50-pound box?
• Can you stand (or sit) for an extended period of time?
• Can you be at work by 9 a.m. every day?
• Can you work five days a week?
• Can you reach the top of a six-foot-high filing cabinet?
• Do you have a driver’s license?
• Can you perform the job for which you’re applying with or without an accommodation?
• What were your duties on your previous job and what accommodations were made to facilitate your work?
• Show me how you would perform a particular job task.

Is it legally permissible for employers to ask about reasonable accommodations during the interview?

An employer can ask if you “can perform the job with or without reasonable accommodations” but may not ask if you “need a reasonable accommodation” to perform the job.” The first question is allowed because answering either “yes” or “no” does not reveal the presence of a disability.

If an employer could reasonably believe that an applicant would not be able to perform a job function because of a known disability, the employer may ask that particular applicant to describe or demonstrate how he or she would perform the function, even if other applicants were not asked this same question.

For example, your disability would be a “known disability” if you came to the interview using a cane or guide dog, and the interviewer would be allowed to ask you to describe or demonstrate how you would perform specific job functions. If you said that you would need a reasonable accommodation, the employer may ask you questions about the type of accommodation. Accordingly, you should educate yourself in advance as to what reasonable accommodations you will need. If you say that you need a speech synthesizer, the employer is allowed to ask who makes the speech synthesizer, as well as if it would be compatible with a certain computer system. You should be prepared to answer this type of question and be able to do so with confidence and authority.

If the job function included computer use, you could explain how assistive technology (such as a speech synthesizer) might enable you to use computers. An employer may also state the physical requirements of a job (such as the ability to lift heavy weights or to climb ladders) and ask if you can satisfy these requirements. Some employers who are unfamiliar with blindness may not understand that a person who is blind can climb ladders or perform other manual tasks, and you should take this opportunity to explain how you could negotiate the work site.

If the interview includes a process such as a written test, an employer may ask if you will need a reasonable accommodation for the interview.

Is it legally permissible for employers to require their job applicants to participate in medical or physical testing?

Employers may require pre-employment drug tests and post-offer medical examinations as long as they’re given across the board to all new hires. Medical examinations aren’t permitted at the pre-employment phase in the hiring process. Employers are also prohibited from asking about disabilities, absenteeism, illness or worker’s compensation history.

An employer may give vision tests to applicants before a job offer, provided that the test is not a “medical” exam. The EEOC guidance states that “evaluating someone’s ability to read labels or distinguish objects as part of a demonstration of the person’s ability to do the job is not a medical examination.” The EEOC guidance, however, also states that an ophthalmologist’s exam is medical, as is requiring an individual to read an eye chart.

If you are asked to demonstrate your ability to read, you should keep in mind that you may request a reasonable accommodation for the reading test, or you may describe what reasonable accommodations could enable you to perform the reading. This is a crucial moment for you to educate your potential employer on your ability to perform the job, and you should not miss the opportunity.

Is it lawful for employers to ask if I have a driver’s license?

Employers are also allowed to ask about your qualifications, work history, education and job skills. Since employers are allowed to ask about your qualifications, they can ask if you have required certifications and licenses. For example, an employer may ask if you have a driver’s license, but only if driving is a job-related duty.

Unfortunately, it is still common for employers to require a driver’s licenses, even though the travel could be accomplished by using public transportation, cabs or drivers. If you encounter this situation, you should explain to the employer that you could perform the travel through alternative methods. A driver’s license should only be required for jobs such as a police officer, bus driver or delivery truck driver.

Is it legal for employers to ask disability-related questions for affirmative action purposes?

Employers may ask applicants to voluntarily disclose their disability for purposes of affirmative action programs.

What can I do if I feel that I have been unlawfully discriminated against?

Despite your best efforts to educate a potential employer, you may still be rejected for the job. If the employer rejects you after a disability-related question or medical examination, you may file a complaint with the EEOC. The EEOC will “closely scrutinize” whether the rejection was based on the results of that question or examination.

As a person who is blind or visually impaired, what can I do to promote myself as a job applicant during interviews?

Persons who have a “hidden disability,” such as a psychiatric disorder, may choose not to disclose the existence of the disability during the interview. If the employer does not know of the disability, she or he will not be able to exclude the applicant based on the disability. Due to the fact that the employer will normally be aware of the disability, a person who is blind is in a different position than a person with a hidden disability. The employer will be aware of your disability but may not know what types of questions are allowed, so you must be prepared to voluntarily describe and demonstrate how you can perform the job.

This means that you must thoroughly research the job and the reasonable accommodations you will require long before you walk into the interview. One of the best ways to do this is to talk to people who are blind and are successfully employed in similar jobs. By being prepared and informed about your rights, you may discover a world of new employment opportunities waiting for you.

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