Your Rights Against Workplace Discrimination and Harrassment FAQ

Questions:

• I'm offended by my coworkers' constant X-rated comments and jokes; what should I do?
• Can my employer refuse to promote me to a position that requires public speaking just because I have an accent?
• My boss won't consider me for a transfer to our IT department because he thinks older guys like me (I'm 65) don't understand the latest technological developments. Is this legal?
• Can my employer pay men more than women to do the same job? The men have more seniority, but we're all doing the exact same work.
• Can I be fired because I'm gay?
• Is race discrimination really that common any more?
• Which conditions count as disabilities under the Americans with Disabilities Act -- and which do not?
• I'm applying for jobs, and I use a wheelchair. Are employers legally allowed to ask me about my condition?
• Does my employer have to give me my Sabbath day off?
• I just found out that I carry the genetic marker for a serious disease; can my company fire me if they find out?
• My former coworker asked me to be a witness in her sexual harassment complaint, but I'm afraid I'll get fired. What are my rights?

Answer:

I'm applying for jobs, and I use a wheelchair. Are employers legally allowed to ask me about my condition?

Employers are not allowed to ask applicants about their disabilities, even if the disability is clearly evident. Employers may ask applicants whether they can -- and how they would -- perform the job's essential functions, as long as they ask all applicants these questions, not just applicants with obvious disabilities. If you will need a reasonable accommodation to apply for the job or to perform it once hired, you may want to bring that up during the interview. Otherwise, the employer may mistakenly assume that you won't be able to do the job because of your condition. For more information, see Nolo's article Getting Hired With a Disability.