You're in an interview. The hiring manager asks, "Do you have any medical conditions we should know about?" Your stomach sinks. You know something's wrong with that question. You're right.
Employers cannot ask about disabilities, medical history, or health conditions before making a job offer. After a conditional offer, they can require medical exams if required of all candidates in the same job category. Once hired, they cannot ask about disabilities unless the question is job-related and driven by business necessity. If you were fired after disclosing a disability, that's likely illegal.
The Pre-Offer Rule: Hands Off
Before you're hired, the Americans with Disabilities Act is crystal clear. Employers cannot ask you about disabilities, medical conditions, or your ability to perform work duties in a way that reveals disability status. That includes:
- "Do you have any disabilities?"
- "Have you ever been treated for [condition]?"
- "Do you take any medications?"
- "Have you had surgery?"
- Indirect questions designed to uncover medical information
Employers also cannot require medical exams or submit you to genetic testing before extending a job offer. The only exception: questions about non-medical job requirements. Asking "Do you have a valid driver's license?" for a delivery role is fine. Asking a warehouse worker, "Have you injured your back before?" is not.
The legal standard is straightforward. Under 42 U.S.C. § 12112(a), "No covered entity shall discriminate against a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge of employees." Pre-offer disability questions violate this directly.
The Post-Offer Exception: Limited Medical Exams
Once you receive a conditional job offer (before you start work, but after the offer is made), the rules loosen. Your employer can require a medical examination if it requires the same examination of all candidates in the same job category. Think: the company requires all warehouse workers to pass a physical exam screening for heavy lifting.
But there are guardrails. The employer cannot:
- Withdraw the offer based solely on disability unless the exam shows you cannot perform essential job functions, even with reasonable accommodation
- Share medical information with others outside the occupational health department (it must be kept confidential)
- Use health information to discriminate against you
If the medical exam reveals you have a disability, your employer still cannot reject your candidacy unless the disability makes you unable to perform the core responsibilities of the job. And even then, they must first consider whether reasonable accommodations could enable you to perform the job.
During Employment: Job-Related Only
After you're hired, employers face a much higher bar. They can ask about health or require medical exams during employment only if the questions are job-related and consistent with business necessity.
Example: You call in sick frequently. Your manager notices a pattern. The employer can require a medical exam to determine whether you can safely perform your job or whether you need accommodations. That's job-related and driven by a legitimate business need.
But routine, blanket medical exams of all employees are prohibited. Neither can your employer ask, "Do you have any disabilities we should know about?" just because you've been employed for a year.
The rule under 29 C.F.R. § 1630.2(g) is that any disability-related inquiry or medical exam must be directly connected to job performance or safety. If there's no connection, it's illegal.
If you disclose a disability during employment, Arizona employers are required to engage in an "interactive process." This means the employer must talk with you about your condition, discuss accommodations, and work in good faith to find solutions. Employers cannot simply ignore your disclosure or refuse to engage in this conversation. If your employer fails to participate in the interactive process, they've likely violated the ADA (Barnett v. U.S. Air Inc., 228 F.3d 1105, 1112 (9th Cir. 2000)).
I Disclosed My Disability and Then Got Fired
This is where timing matters. If you disclosed a disability and were fired within days or weeks, the proximity suggests causation. You likely have a strong ADA claim.
Under the ADA, it's illegal to terminate someone because of a disability, or because they requested a reasonable accommodation. The law also protects you from retaliation for asserting your ADA rights. If you told your employer about a disability condition and the employer responded by firing you, that's discrimination.
Your employer cannot claim they fired you for "poor performance" or "restructuring" if the timing and circumstances point to the disability disclosure. Courts examine temporal proximity: if the termination followed the disclosure closely, that's powerful evidence of retaliation.
If you disclosed a disability and were then terminated, you don't have to guess whether you have a claim. You have 300 days from the termination to file a charge with the EEOC. That deadline is tight. Reach out to an employment attorney in Arizona to evaluate what happened and discuss your options before time runs out.
The Bottom Line: Know Your Rights Before You Interview
If a hiring manager asks about your disability before making an offer, you don't have to answer. You can redirect: "I'm qualified to do this job. Are there specific job functions you're concerned about?" If they push, that's a red flag.
If you're already employed and your employer is asking invasive medical questions, step back and ask why. Is the question job-related? Is there a legitimate business reason? If not, the question may violate the ADA.
And if you disclosed a disability and were subsequently fired or demoted, the law is on your side. The ADA applies to employers with 15 or more employees in Arizona. The statute of limitations is generous: you have 300 days to file an EEOC charge from the date of the adverse action.
Damages in ADA cases can include lost wages, compensatory damages (for emotional distress), and punitive damages. If you prevail, your employer must also pay your attorney's fees.
What Happens Next If You Were Fired
First, document everything. Write down the dates of your disability disclosure, any conversations with your manager, the date you were fired, and what was said. Gather any emails, performance reviews, or written communications from your employer.
Second, file an EEOC charge. You don't need an attorney to file, but filing preserves your rights and starts the administrative process. The EEOC will investigate and determine whether there's reasonable cause to believe the employer discriminated against you.
Third, talk to an Arizona employment attorney. A lawyer can evaluate the strength of your claim, estimate potential damages, and discuss whether settlement or litigation makes sense for your situation.
