Hiring Employees FAQ
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Can I take an applicant's disability into account when I'm hiring?
4. Can I take an applicant's disability into account when I'm hiring?
Only if the applicant's disability makes him or her unable to perform an essential function of the job. For example, you can refuse to hire someone who is unable to lift things if one of the essential functions of the job is heavy lifting. However, the Americans with Disabilities Act (ADA) puts limits on what and how you can ask applicants about disabilities before you make a job offer. For more about complying with the ADA when interviewing and hiring, see Nolo's article Avoid Disability Discrimination When Hiring New Employees.