Know Your Rights as an Interviewee

People with disabilities need to know what their rights are during interviews. The Americans with Disabilities Act (ADA) sets

Generally speaking, an interviewer can ask only questions that focus on your ability to perform the essential functions of a job. In addition, an interviewer is not allowed to askyou questions that are different from those that would be asked of someone who does not have a disability. Interviewers may not ask about the following issues:

• the nature or extent of your disability
• whether your family has a history of a disability
• any aspect of your health, including injury and disease, or whether you have any history of emotional illness
• whether you have had drug or alcohol problems in the past

• your ability to perform job-related duties
• your previous job experience
• whether you have the skills required to perform a specific job
• your educational background

B. You must meet the same requirements, including physical requirements, as any other applicant. If an interviewer is concerned about your ability to perform a job, he or she can ask you to explain how you would accomplish the essential functions of the job or schedule a working interview and request that you perform the job tasks.

C. As an interviewee, you should be prepared to answer any questions that an interviewer may ask you, especially those related to your ability to perform the essential functions of the job. You are not required to disclose that you have a disability during the initial interview, but if you have an obvious disability, as stated earlier, you may be asked to describe how you will perform the duties of the job. After you have been offered a job, you may decide to disclose that you have a disability and that you may need accommodations. It is advisable for you to be totally clear about how you plan to address any disability you have prior to going in for an interview. Chapter 11 will help, as will contacting the organizations listed below, both of which can help you answer specific questions about the interview process and accommodation issues.

Job Accommodation Network (JAN)
West Virginia University
PO Box 6080 Morgantown, WV 26506-6080

Telephone and TTY: 1-800-526-7234
Fax: (304) 293-5407
E-mail: jan@jan.icdi.wvu.edu.
Web site: http://janweb.icdi.wvu.edu

Calls are answered from 8 a.m. to 8 p.m. Eastern time, Monday through Thursday, and on Fridays from 8 a.m. to 5 p.m. Machines answer after-hours calls.