Remember when job interviews felt like a minefield of personal questions about your private life? (If you don’t, you’re lucky!) Those days are thankfully behind us. Now, questions about your family status, who you love, or where you come from are off the table. This shift isn’t just about being polite—it’s about fairness and ensuring everyone steps into an interview on equal footing.
And what about health-related questions? Here too, the landscape has changed. Thanks to the Americans with Disabilities Act (ADA), your health is your business, not a topic for casual conversation with potential employers. This law is a game-changer, and it guarantees that people with disabilities are judged on their skills and qualifications, not their medical histories.
So, let’s dive into what employers can—and can’t—ask during a job interview and arm you with the knowledge to stand your ground if you feel a question crosses the line.
Key takeaways
- The ADA bounds employers to focus on your abilities rather than disabilities during job interviews.
- Legitimate questions must directly relate to essential job functions and are permissible when uniformly applied to all candidates.
- Learn to respond strategically to health-related questions and assert your right to fair treatment.
- Post-job offer, understand how legal requirements shift and how to handle additional health inquiries.
What are your rights under the ADA?
Being protected by the ADA means that during a job interview or any stage of employment, decisions cannot be based on disability but must focus on your ability to perform job duties with or without reasonable accommodations.
The ADA defines a disability as any physical or mental impairment that substantially limits one or more major life activities. This broad definition includes conditions that significantly impact tasks like walking, talking, seeing, hearing, or learning. It also covers major bodily functions such as neurological, respiratory, or digestive.
By law, employers are required to provide accommodations—like modified work schedules or equipment adaptations—unless it causes significant difficulty or expense to the business. This ensures that your capabilities and qualifications are the focus, not your disability, promoting fairness and opportunity in the employment process.
What can employers legally ask before making a job offer?
Employers can ask various interview questions when considering you for the job. However, health-related questions can be justified only when specific requirements are mentioned in the job description. The key here is these questions must be asked of all candidates to avoid discrimination.
Here are some examples of health-related questions you might be asked in an interview depending on the specific position. When hiring managers are interested in this kind of information, the position will include physical demands or safety-sensitive tasks critical to the role’s responsibilities.
- Physical requirements: “The role requires lifting up to 50 pounds regularly. Are you able to perform this task?“
- Endurance needs: “This job involves standing for most of the shift. Are you able to meet this requirement?“
- Scheduling: “This position requires frequent overnight travel. Does this work with your schedule?“
- Safety concerns: “The job entails working with potentially hazardous materials. Do you have any conditions that would impair your ability to work safely in this environment?“
- Health certifications: “Are you certified in CPR and First Aid, as required by this position?“
- Operational abilities: “Are you able to operate heavy machinery, as this job requires?“
How to respond to health-related interview questions
Let’s say you’ve been asked one of the questions above. It's important to understand how best to respond to ensure you're treated fairly while still demonstrating your ability to perform the job.
Here are our tips:
- Focus on the job requirements: If asked about your ability to perform specific job-related tasks, keep your answers focused on your capabilities. For example, if asked whether you can lift heavy objects or stand for long periods, respond affirmatively if true, noting any accommodations you might need.
- Request clarification: If a question seems unclear or too broad, it's perfectly acceptable to ask for more details about how the question relates to the job’s requirements. This can help get a more targeted answer.
- Assert your rights: If you believe a question crosses into inappropriate territory (e.g., questions that delve into non-job-related medical history), politely decline to answer. You might say, “I believe I can perform all the essential functions of the job. Are there specific tasks you’re concerned about?“
- Offer general assurances: Without providing specific medical details, reassure the interviewer of your capability to perform the job. For instance, “I’m confident I can handle the physical requirements of this position with or without reasonable accommodation.“
- Discuss accommodations only if necessary: If you need accommodations to perform the job effectively, choose to discuss this after a job offer has been made. However, if it seems pertinent during the interview, say, “I can perform these tasks effectively with a minor adjustment, which I've used in past positions to enhance my productivity.“
What changes after a job offer is made?
Imagine you impress recruiters with your resume and pass the interview with flying colors. You accept the job offer and are about to start your dream job, you might wonder: what changes legally?
At this stage, employers can ask more detailed health-related questions and may require medical examinations. These inquiries must be made to all candidates entering similar jobs, to ensure the process is fair and non-discriminatory.
Naturally, all personal information you share with your employer must remain confidential. This information should be stored separately from general employment files to protect privacy.
An example situation where an employer might check an employee’s health
In a warehouse setting, once job offers are extended, all candidates might be required to undergo a physical fitness test to assess their capability for heavy lifting and equipment operation. This uniform health inquiry confirms the assessment is fair and non-discriminatory.
Can an employer withdraw a job offer based on health assessments?
Employers take back job offers more often than you think–for various reasons. Sometimes, a hard decision must be made based on health assessments that were only available after a candidate had received a job offer.
These may prove the candidate is unable to perform essential job functions, even with reasonable accommodations, or that their health condition would pose a direct threat to the safety of others or themselves.
How do you tell your boss you have a serious illness shortly after starting work?
Life is unpredictable, and sometimes, we face difficult situations. This is when you can see if you can rely on your employer to support and understand you. If you have to disclose to your boss you’re facing a serious illness, choose a private moment when they’re not preoccupied, ensuring the discussion is undisturbed and serious.
Prepare a concise explanation of your illness, its impact on your work, and suggested accommodations before the meeting. During the discussion, outline how you plan to handle your duties and propose practical adjustments such as flexible scheduling or workspace modifications.
Emphasize the confidentiality of your health information and clearly state any support or resources you require from your employer to continue performing effectively. This approach helps maintain professionalism while making sure you receive the necessary support.
What are examples of illegal questions and red flags?
Certain interview questions aren’t just in poor taste—they're outright illegal and a violation of your rights.
To help you recognize these, here are some examples of questions that should immediately raise red flags:
- Age-related questions: “How old are you?“ or “What year were you born?“ Age shouldn't be a factor in determining a candidate's suitability for a job.
- Marital/Family status: “Are you married?“ “Do you plan on having children?“ Questions about family plans or marital status can discriminate based on sex or family responsibilities.
- Disability inquiries: “Do you have any health conditions?“ or “Have you ever taken sick leave?“ Direct questions about someone’s health status or medical conditions are prohibited unless they directly relate to job requirements and are asked after a job offer.
- Religious beliefs: “What religion do you follow?“ or “Do you observe any religious holidays?“ Employers shouldn’t inquire about a candidate's religious practices as this can lead to religious discrimination.
- National origin or race: “Where were you born?“ or “What’s your nationality?“ Questions that aim to determine someone's ethnicity or country of origin are irrelevant to job qualifications and are discriminatory.
Tips for handling inappropriate or illegal health-related questions
We all hope that we don’t get asked inappropriate questions in an interview because we don’t want to fall into an awkward situation. However, these things happen, and it’s best to be prepared. So how do you handle a red-flag question?
How do you handle a red-flag question?
- Keep a professional tone: Even if the hiring manager’s question is inappropriate, you don’t have to respond in the same way. Try to maintain tact and composure. Be concise but clear, showing that you won’t allow such inquiries. This demonstrates maturity and that you’re not afraid to stand up for yourself.
- Clarify: Sometimes you might’ve misunderstood the question. Perhaps the recruiter’s intention wasn’t to be invasive. Consider asking something like, “Could you help me understand how this relates to my ability to perform the job?” to give the interviewer a chance to rephrase the question.
- Decline to answer: You have the right to politely decline to answer any question that makes you uncomfortable or seems irrelevant to the job. You could say, “I prefer to keep my personal life separate from my professional qualifications. However, I am happy to discuss my skills and experiences relevant to this role.”
- Know your rights and report if necessary: If the interview continues to be inappropriate despite your attempts to steer it professionally, consider reporting the incident to the company's HR department. This is important because it helps the organization address potential issues within their hiring process.
Mental health in the workplace
Mental health challenges are on the rise in the 21st century, and naturally, they affect our work life.
Mental health and work
Although more and more support programs and resources are available, 54% of mid-level employees say they’ve experienced burnout, and 7 in 10 senior-level employees say they haven’t received workplace training about how to talk to their team about mental health, according to a 2024 report by the National Alliance of Mental Illness.
While you're not required to disclose a mental health condition unless accommodations are needed for effective job performance, it's crucial that employers create supportive environments. The ADA mandates that employers provide necessary accommodations, ensuring those with mental health challenges can succeed professionally.
How can you negotiate accommodations?
Finally, let’s discuss what to do if you actually need some sort of accommodation to do your job properly.
Here are some steps you can follow:
- Disclose the information as soon as a job offer is extended. Reassure the employer that with the proper adjustments, you’ll be able to perform the job without a problem.
- Explain exactly what accommodation or flexibilities you’ll need by giving specific instructions and examples.
- Be collaborative. Express your willingness to work with the employer to find the best solution that enables you to perform your job duties effectively.
Examples of accommodations you might need are:
- Ergonomic adjustments: This can include special chairs, desks, or computer equipment that help prevent strain or injury. For example, an ergonomic keyboard can be requested if you have carpal tunnel syndrome.
- Flexible scheduling: Some jobs allow for modified work hours or work-from-home arrangements. If managing a health condition affects your ability to work traditional hours, requesting flexible scheduling can be a reasonable accommodation.
- Physical workspace modifications: This might include installing ramps, modifying restrooms, or adjusting the height of equipment to make them accessible.
- Software and technology: Use of assistive technology such as screen readers for visually impaired employees, or speech-to-text software for those with motor impairments.
Conclusion
Successfully navigating health-related questions during job interviews ensures fair treatment and respects your privacy. Stay informed about your rights under the ADA to advocate effectively for yourself.
Make one that's truly you.
