Can an employer ask about an applicant's medical history during a job interview?
It is unlawful for an employer to ask specific questions about an applicant's health or health history during a pre-employment interview. An employer may describe the job duties of the position and ask if the applicant can perform them in a reasonable manner. If health questions are addressed in the pre-employment interview, and then the job is not offered, an applicant may have the grounds to file a complaint of unlawful discrimination. Conversely, employers are not required to hire or retain employees who are unable to perform the essential duties of the job in a reasonable manner. For more information on discrimination for employers, contact The New York State Division of Human Rights @ http://www.nysdhr/com.
New York State Division of Human Rights home page.
DHR’s Home Page