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An employer can legally ask which of the following questions before an offer of employment is made?

A. Do you have any disabilities?
B. Can you tell me the nature of your disabilities?
C. Can you perform the essential functions of the job?
D. Can you take a medical exam?

User TJR
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1 Answer

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Final answer:

An employer in the United States can legally ask if a candidate can perform the essential functions of the job before an employment offer is made. The correct option, in this case, is C. Can you perform the essential functions of the job?

Step-by-step explanation:

An employer can legally ask certain questions before an offer of employment is made to assess a candidate's qualifications for the job. These questions must adhere to the guidelines set by the Americans with Disabilities Act (ADA) and the U.S. Equal Employment Opportunity Commission (EEOC) to prevent discrimination based on disability, race, color, religion, sex, national origin, age, and other protected characteristics.

Of the options provided, asking whether a candidate can perform the essential functions of the job is permissible and relevant to the candidate's ability to do the job.

Employers must avoid asking about disabilities, the nature of any disabilities, marital status, citizenship, and other protected characteristics, unless these inquiries are job-related and consistent with business necessity or fall under a bona fide occupational qualification (BFOQ).

Correct Answer

The correct option, in this case, is C. Can you perform the essential functions of the job?

User AlexanderF
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