Question: Can you legally ask a job applicant questions regarding their health? The company I work with has certain physical requirements. We go up on ladders and we also crawl around attics and crawlspaces. Can we legally ask an applicant if they have health or physical restrictions which prohibit them from doing such things? For example, can we ask if they have a back, knee, eye problem or if they have any chronic illness which may prohibit them from doing such work?

Answer: Some of the most common mistakes employers make concern inquiries into an applicant's medical history--such as asking whether the applicant ever filed a worker's compensation or disability claim or has ever been hospitalized, and if so, for what condition. The Americans With Disabilities Act strictly prohibits employers from asking applicants any questions that would reveal whether an applicant has a mental or physical disability. Employers should provide the applicant with the essential job functions of the position applied for and inquire whether the applicant can perform those essential job functions with or without a reasonable accommodation.
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