During the interview, questions can be asked to determine whether or not a candidate is qualified to do the job. You may ask if an applicant can perform essential functions of the position, as well as ask the applicant to describe or demonstrate how he or she would perform the essential functions of the position with or without reasonable accommodation.
For example, your position may require that telephone calls be made. A candidate with a hearing loss applies for the position. She states that she can perform the essential functions of making telephone calls with a volume control for the telephone. Therefore, the candidate can perform that essential function of the position with a reasonable accommodation. If the candidate states that he or she cannot perform the essential functions of your position with or without reasonable accommodations, then that person is not qualified for the position. While not required, it is strongly encouraged that you repeat the question and ensure that the candidate understands the meaning of "with or without reasonable accommodation."
In another example, a candidate for your intern position arrives for the interview accompanied by a guide dog; thus we are aware that the person has a disability and is covered by ADA. This person is interviewing for a position involving the opportunity to see career counseling clients as part of the regular caseload. Such counseling would be integrated with personal-social psychotherapy, and would include vocational testing. You may ask the applicant how she/he would administer such tests as the Strong Interest Inventory and the Myers-Briggs Type Indicator with an accommodation. It would not be appropriate to ask how the applicant might handle a hypothetical situation in which a patient tries to attack intern and the intern does not see him coming (not essential to the intern role), or how long the person has been blind (question will elicit information about a disability).
Information that may be requested on application forms or in interviews includes the following:
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You may ask questions to determine whether an applicant can perform specific job functions. The questions should focus on the applicant's ability to perform the job, not on a disability.
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You may ask a candidate to describe or demonstrate how he/she would perform specific job functions with or without an accommodation.
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When there is reason to believe that a candidate will not be able to perform a job function because of a known disability, you may ask that particular person to describe or demonstrate how he/she would perform a job-related function. A candidate's disability would be a "known disability" either because it is obvious (for example, the applicant uses a wheelchair), or because the candidate has voluntarily disclosed that s/he has a hidden disability.
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You may ask about a candidate's non-medical qualifications and skills, such as his/her education, work history, and required certifications and licenses.
- You may ask if the candidate can meet attendance requirements.