🚨 You can't ask that: Disability questions in hiring 🚨

Yesterday, a commenter noted on LinkedIn that many individuals with disabilities suffer in silence at work because they're afraid to disclose their disability during the hiring process—worried it might get them screened out. "There are dueling incentives for claiming or not claiming a disability, and the pendulum has swung hard towards staying as masked as possible if you don't want to end up in application purgatory," he wrote.

I wholeheartedly disagree. It is 100% illegal to ask an applicant this question in a job interview: "Do you have any medical conditions we should know about?" It's a per se ADA violation and a lawsuit waiting to happen.

You can never ask about an applicant's medical history, disabilities, or whether they take medication or have ever filed a workers' comp claim. That includes questions like:

❌ "Have you ever been hospitalized?"

❌ "Do you have a disability?"

❌ "Do you take any medications that would affect your work?"

❌ "Are you receiving Social Security disability benefits?"

❌ "Have you ever filed a work comp claim?"

But, you can ask about their ability to do the job, as long as you keep it focused on the work:

✅ "Are you able to perform the essential functions of this job, with or without a reasonable accommodation?"

✅ "Can you meet our attendance requirements?"

✅ "Are you able to lift 50 pounds repeatedly, as the job requires?"

✅ "This role involves tight deadlines—are you comfortable in that kind of environment?"

The distinction matters. You're allowed to assess whether someone can do the job. You're not allowed to fish for health info or try to screen people out because of a disability, perceived or real. Keep the questions focused on the job, not one's health. Period.

If you're unsure whether a question is legal, don't ask it. Or better yet, ask your employment lawyer. (Hi, 👋.)