Legal Question in Disability Law in Massachusetts

Re: pre employment inquiry

Employers are very limited in the questions they may ask during a pre employment interview. Here are the Mass Commission Against Discrimination guidelines on what may or may not be asked regarding medical condition. Based on your question it appears the questions were inappropriate.

If you wish to discuss this further please call my office for a consultation.

MCAD GUIDELINESHANDICAP/DISABILITY

Employer May Ask

Can you perform any or all of these specific job functions?

Please describe or demonstrate how you would perform a specific task. (This request should be asked to all applicants unless there is an obvious disability or voluntarily disclosed hidden disability related to a job function. The employer may need to provide reasonable accommodation for the demonstration.)

Can you meet the attendance requirements?

What was your attendance record at your prior place of employment?

Invite applicants to voluntarily disclose their disability for purposes of assisting the employer in its affirmative action efforts. Make it clear that information will be used solely in connection with its affirmative action efforts, will be kept confidential, and that non-disclosure will not subject the applicant to adverse treatment.

Employer May Not Ask

Do you have a handicap/disability?

Do you have any job-related handicaps/limitations that would prevent you from doing the job?

Have you ever received Workers' Compensation?

Have you ever been addicted to illegal drugs or treated for drug abuse/alcoholism?

Have you ever been absent from work due to illness?

Do you have AIDS?

Questions or requests for information regarding the admission of an applicant, on one or more occasions, voluntarily or involuntarily, to any public or private facility for the care and treatment of mentally ill persons, provided that such applicant has been discharged from such a public or private facility or facilities and is no longer under treatment directly related to such admission.

Questions regarding the nature, severity, treatment, or prognosis of an obvious disability or of a hidden disability voluntarily disclosed by the applicant

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