Can you ask about disabilities or health in a job interview?
Under the ADA you generally cannot ask about disabilities, health conditions or medical history before a job offer. You can ask whether someone can perform the specific functions of the job.
Pre-offer questions about medical conditions, disabilities, or past workers'-comp claims are restricted by the Americans with Disabilities Act. The risk is high and the rules are specific.
What's allowed is asking about the ability to perform the essential functions of the role, with or without reasonable accommodation. Frame it around the job, not the person's health.
Risky phrasing
“Do you have any health conditions we should know about?”
Compliant rewrite
This role requires lifting up to 40 lbs. Can you perform that function, with or without accommodation?
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