applications

tom

We are going through a revision of our employment applications. Years ago we had a question asking "if there were any impairments, physical, medical, or mental, which would prevent you from performing in a reasonable manner, the job or occupation for which you applied?" This was removed for fear of violation of various state and/ or federal ADA or human rights laws.
Is there a similiar statement that you are allowed to place on employment applications or if not, on new hire paperwork once a candidate is hired?
Also, can you ask an employee if they ever had a workers comp injury and details?
Thanks- Tom

Theresa Gegen TX

Generally, you can ask about abilities, not disabilities. So you can ask a question like:

"Are you capable of performing the essential functions of this job with or without a reasonable accomodation?"

Then of course, you should provide the applicant with a list of essential functions to review, so they can answer the question.

As for asking about workers' compensation, that will depend on the law of your state. However, I would be very wary of asking it.

Good Luck

tom

Thanks Theresa for your prompt response. Do you have this clause on your applications? I wonder if it is better just to leave off?