Common ADA Violations During Hiring

2/3/2026

The hiring process is an organization's first opportunity to build a talented, diverse, and productive workforce. It is also the first place where a company can face a legal challenge under the Americans with Disabilities Act (ADA). Many employers focus their compliance efforts on current employees, but the ADA’s protections begin the moment a job is posted. A single misstep during recruitment, interviewing, or onboarding can lead to a costly discrimination charge, regardless of how well-intentioned the mistake was.

For HR professionals and hiring managers, understanding the specific rules the ADA applies to the hiring process is critical. These regulations govern everything from the language in your job descriptions to the questions you can ask in an interview and the timing of medical inquiries. Navigating these rules requires specialized knowledge that goes beyond general ADA compliance training. It demands the kind of in-depth expertise provided by a comprehensiveADA Training & Certification Program.

This guide will break down the most common ADA violations that occur during hiring. We will explore discriminatory job postings, unlawful interview questions, improper medical inquiries, and failures to accommodate applicants. By understanding these pitfalls and adopting best practices, you can protect your organization from legal risk and create a fair and inclusive hiring process that attracts the best talent.

The Scope of ADA Protections in Hiring

Before diving into specific violations, it's essential to understand that the ADA protects "qualified applicants" with disabilities just as it protects employees. A qualified applicant is someone who meets the skill, experience, education, and other job-related requirements of a position and who can perform the "essential functions" of that job, with or without a reasonable accommodation. This means your ADA employer requirements start long before a person's first day on the job.

The law prohibits discrimination in all aspects of the hiring process, including:

• Recruitment and job advertising
• The application process
• Interviewing and testing
• Background checks and medical examinations
• Job offers

A Certified ADA Administrator knows that every step of this journey must be designed to be accessible and non-discriminatory, ensuring that all candidates are evaluated based on their abilities, not their disabilities. This is a foundational principle for any organization trying to understandWhich Employers And Employees Are Subject To The ADA?.

Common Violation #1: Discriminatory Job Postings

An ADA violation can occur before you even speak to a single candidate. The language used in your job descriptions and advertisements can illegally screen out qualified individuals with disabilities.

Using Exclusionary Language

Job postings that include requirements not directly related to the essential functions of the job can be discriminatory.

• The Violation: A job description for a desk-based accounting role lists "must have a valid driver's license" as a requirement.
• The Problem: An applicant with a disability that prevents them from driving (e.g., epilepsy or a vision impairment) is qualified to perform all accounting duties but would be screened out by this unnecessary requirement. Unless driving is an essential function of the job, this requirement is discriminatory.
• The Best Practice: Scrutinize every requirement in your job descriptions. Ask yourself: "Is this absolutely necessary to perform the core duties of this job?" Focus on what needs to be accomplished, not how it needs to be accomplished. For example, instead of "must be able to lift 50 pounds," state "must be able to move 50-pound boxes from the stockroom to the sales floor." This opens the door for an applicant to suggest an accommodation, like using a cart.

Failing to Provide a Notice of Accommodation

Your job postings should signal that your organization is inclusive and prepared to comply with the ADA.

• The Violation: A job posting has no mention of the company's commitment to equal opportunity or its willingness to provide accommodations.
• The Problem: This can discourage qualified applicants with disabilities from applying, as they may assume the company is not welcoming or will not accommodate their needs.
• The Best Practice: Include an Equal Employment Opportunity (EEO) statement in all job postings. Also, consider adding a sentence that explicitly invites applicants to request accommodations if needed for the application or interview process. For example: "We are an equal opportunity employer. If you require a reasonable accommodation to complete our application process, please contact HR."

Common Violation #2: Unlawful Interview Questions

The job interview is a minefield of potential ADA violations. The law strictly prohibits asking questions about a candidate's disability, either directly or indirectly, before a conditional job offer is made.

Direct Questions About Disability

This is the most blatant form of violation.

• The Violation: An interviewer notices a candidate walks with a limp and asks, "What happened to your leg?" or "Do you have a disability?"
• The Problem: These questions are illegal. An applicant's disability status has no bearing on their qualifications for the job.
• The Best Practice: Train all interviewers to strictly avoid any questions about a candidate's physical or mental health. Focus the conversation exclusively on the candidate's skills, experience, and ability to perform the job's essential functions.

Indirect or "Stealth" Disability Inquiries

Many illegal questions are less obvious but are still designed to elicit information about a candidate's health or disability status.

• The Violation: An interviewer asks, "How many sick days did you take at your last job?" or "Have you ever been treated for a mental health condition?"
• The Problem: These questions are effectively back-door attempts to find out if a candidate has a health condition that might require time off or pose other challenges. They are prohibited.
• The Best Practice: Instead of asking about past attendance, you can state the company's attendance policy and ask, "Are you able to meet these attendance requirements?" This focuses on the ability to meet job expectations without asking about the underlying health.

Focusing on Abilities, Not Disabilities

The correct way to approach this during an interview is to focus on the candidate's ability to perform the job.

• Permissible Question: "This job requires lifting 30-pound boxes several times a day. Can you perform this function, with or without an accommodation?"
• Permissible Question: "The essential functions of this job are listed here. Can you perform these functions, with or without a reasonable accommodation under ADA?"

These questions are always permissible because they relate directly to job performance. If a candidate answers that they can perform the function with an accommodation, you may then open a limited discussion about the accommodation.

Common Violation #3: Failure to Accommodate Applicants

An employer's duty to provide ADA workplace accommodations extends to the hiring process itself. You must provide a reasonable accommodation to a qualified applicant with a disability to enable them to participate in the application and interview process.

• The Violation: A deaf applicant requests a sign language interpreter for their job interview. The company refuses, stating that it's too expensive and tells the applicant they can just write notes back and forth.
• The Problem: The cost of an interpreter for an interview is highly unlikely to be an "undue hardship." By refusing this request, the company has denied the applicant an equal opportunity to participate in the interview process. Writing notes is not an equally effective method of communication for a dynamic, two-way conversation.
• The Best Practice: Establish a clear process for handling accommodation requests from applicants. Train recruiters and hiring managers to recognize these requests and to consult with a knowledgeable HR professional, such as a Certified ADA Administrator, immediately. Be prepared to provide common accommodations, such as:
• A sign language interpreter.
• An accessible interview location for a candidate who uses a wheelchair.
• Extra time for a written test for an applicant with a learning disability.
• Application materials in an alternative format (e.g., large print).

Failure to provide these accommodations is a straightforward violation of the ADA. This is a core topic in any substantive ADA training program.

Common Violation #4: Improper Pre-Employment Medical Inquiries

The ADA creates a very bright line: an employer cannot require a medical examination or ask disability-related questions until after it has made a conditional job offer.

The "Conditional Job Offer" Rule

This rule is designed to ensure that an applicant is first evaluated solely on their non-medical qualifications. The process should look like this:

1. You interview and assess all candidates.
2. You decide on the best candidate based on their skills and experience.
3. You make them a formal job offer, conditional upon them successfully passing a post-offer medical examination or inquiry.
4. Only then can you ask them to complete a medical questionnaire or undergo a medical exam.

• The Violation: A company requires all applicants who make it to the final round of interviews to fill out a health questionnaire or undergo a drug test that screens for prescription medications.
• The Problem: This is illegal. This medical screening is happening before a conditional job offer has been made, meaning candidates could be rejected based on medical information before they are ever truly considered for the job on their merits.
• The Best Practice: Implement a strict policy that no medical inquiries or exams will be conducted until a conditional job offer has been extended in writing. Ensure all hiring managers understand this bright-line rule. A professional with an ADA certification can help design a compliant pre-employment screening process. This may also involve knowledge from anIntegrating FMLA, ADA, COBRA, And Workers' Compensation Training & Certification Program for post-hire issues.

Using Post-Offer Information Correctly

Even after a conditional job offer is made, you cannot simply withdraw the offer because the medical exam reveals a disability. You can only withdraw the offer if the results show that the individual cannot perform the essential functions of the job, even with a reasonable accommodation, or if they would pose a "direct threat" to the health or safety of themselves or others.

• The Violation: A company makes a conditional offer to a candidate for an office job. The post-offer ADA medical documentation reveals the candidate has a history of back problems. The company withdraws the offer, assuming the person will be an unreliable employee.
• The Problem: The company made a decision based on a stereotype, not an individualized assessment. They failed to determine if the back condition actually prevented the candidate from performing the essential functions of the office job. This is a clear violation.
• The Best Practice: If a post-offer medical exam reveals a potential issue, you must initiate the ADA interactive process. You must assess whether the condition impacts the person's ability to do the job and if a reasonable accommodation could solve the issue. Withdrawing an offer should be a last resort, based on objective evidence and undertaken only after consulting with a certified ADA expert or legal counsel. This also relates to understanding post-employment rights, like those discussed inReinstatement Rights Under The ADA's Reasonable Accommodation Rules.

Consequences of Hiring Violations: Real-World Examples

The EEOC actively pursues charges against employers for hiring discrimination. The consequences can be severe.

• Example 1: Unlawful Interview Questions. The EEOC sued an employer who asked an applicant for a truck driver position what medications he was taking. The applicant disclosed he was taking a medication for a disability. The EEOC alleged the company then refused to hire him because of this disclosure. Such questions are only permissible post-offer.
• Example 2: Discriminatory Testing. A major retailer paid a multi-million dollar settlement after the EEOC found its pre-employment assessment illegally screened out applicants with disabilities. The test was found to be a "pre-offer medical examination" that measured mental and psychological traits, and the company could not prove it was job-related.
• Example 3: Failure to Accommodate an Applicant. The EEOC sued a company that refused to provide an ASL interpreter for a deaf applicant during a group interview. The company's failure to provide the accommodation resulted in the candidate being unable to meaningfully participate, leading to a discrimination finding.

These cases underscore that hiring violations are not just technicalities; they have real-world consequences for applicants and can result in significant financial and reputational damage for employers. This is why having expertise from aCertificate Program For FMLA, ADA, and PWA Compliance or a specificPWFA Training & Certification Program is so valuable, as it prepares HR to see the full legal picture, including how it intersects with FMLA rules learned in anFMLA Training & Certification Program.

Conclusion: Build a Compliant and Inclusive Hiring Funnel

Your hiring process is the front door to your organization. An ADA-compliant process ensures that this door is open to all qualified individuals, allowing you to build the strongest possible team based on talent and skill. The most common ADA violations during hiring—discriminatory job postings, illegal questions, failure to accommodate, and improper medical inquiries—are all preventable with the right training and procedures.

By investing in an ADA certification for your HR leaders, you are investing in a powerful form of risk management. A Certified ADA Administrator can audit your hiring practices, train your interviewers, and implement compliant processes from start to finish. This expertise protects your organization from costly lawsuits and demonstrates a genuine commitment to diversity and inclusion.

Building a compliant hiring process is not just about avoiding legal trouble. It is about creating a fair system where every candidate is judged on their merits. This allows you to tap into the widest possible talent pool and build a workforce that reflects the diverse world we live in.