May an employer ask a job applicant whether she has an intellectual disability before making a job offer?
No. An employer may not ask questions about an applicant's medical condition or require an applicant to have a medical examination before it makes a conditional job offer. This means that an employer cannot legally ask an applicant questions such as:
- whether she has taken any classes designated for "special education" or "special needs" students; or
- whether any of her school records indicate that she has mental retardation or an intellectual disability.
Of course, an employer may ask questions pertaining to the qualifications for, or performance of, the job, such as:
- whether the applicant can read;
- whether the applicant can put files in alphabetical order; or
- whether the applicant can place items in numerical order.