Principles for Public Safety Employment

inquiries apply equally to inquiries made of third parties about the applicant, such as the applicant’s family, friends, and former employers. 38 a. Acceptable Inquiries Before a Conditional Offer is Issued A job applicant may be asked to describe or demonstrate how, with or without reasonable accommodation, the applicant will be able to perform job-related functions. 39 Examples of acceptable inquiries include:  “This job requires that you to be able to lift 50 pounds, can you do that?”  “What are your qualifications and skills?”  “Do you ever use illegal drugs?” 40  State the attendance requirements for the job and ask if applicant can meet them. 41 Even if the employer is aware of an applicant’s disability, the employer may not ask about its nature or severity. 42 Applicants with obvious disabilities, or who volunteer information about a disability, can be asked to describe or demonstrate how they would perform the job functions affected by the disability. 43 A criminal justice agency, unlike most employers, may conduct a criminal background check before extending a conditional offer of employment. 44 b. Impermissible Inquiries Prior to a Conditional Offer It is unlawful to include general questions regarding disability status on an application form or pre-employment questionnaire or in the course of the selection process. 45 An employer may not ask an applicant about their workers’ compensation history, as it is likely to impermissibly elicit information about the severity of an applicant’s impairment. 46 At the pre-offer stage, an employer cannot ask direct or indirect questions that are likely to elicit information about a disability. Examples of unacceptable inquiries include:  “Do you have any particular disabilities?” 47  “How serious is your medical condition?  “Have you ever been treated for any of the following diseases and conditions?”  “Do you take any medications?” But some innocuous questions about lawful drug use are not likely to elicit information about disability. The EEOC has offered the following example: During her interview, an applicant volunteers that she is

coughing and wheezing because her allergies are acting up. The interviewer, who also has allergies, tells the applicant that he

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