Beyond the obvious purpose of determining an applicant’s ability to do the job and fit into your company, there are other considerations when preparing your interview questions. Even when asking for information that it is legal to request, you can cross the line into discriminatory (and therefore illegal) questions by the way you ask. It is perfectly acceptable to ask if an applicant is authorized to work in the U.S. It is illegal to ask if they are a U.S. citizen. It’s important to research these issues to be sure you are clear: color, race, religion, sex, birthplace, national origin, disability, age, and family or marital status.

The ADA (Americans with Disabilities Act) is one of several federal civil rights laws. The purpose of the ADA is to help persons with disabilities become part of mainstream society, and to prevent them from being discriminated against. The ADA regulations are enforced by the Equal Employment Opportunity Commission (EEOC).

ADA Compliance and Protection

Every business with 15 or more employees must comply with the ADA. Protections are provided by the ADA to every person with a mental or physical disability that substantially limits one or more major life activities (such as standing, sleeping, or sitting), or who has a record (even in the past) of such a substantially limiting impairment. It also applies to a person who is treated or regarded by an employer as though they have such an impairment (such as an employer having a fear of hiring a person who has had cancer but is now in remission because there might be a recurrence). Only applicants who would otherwise be qualified for a job are protected by the ADA, so employers are not required to hire a disabled person over a more qualified applicant.