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An employer may not ask questions about a disability during the job interview unless the potential employee has disclosed the fact that he or she has a disability.
The employer can only ask questions related to whether the person can perform the essential job requirements.
The first step is to separate the essential from the non-essential duties of the job.
Where possible, non-essential tasks can be reassigned to another person.
Everyone involved must treat human rights issues arising in the workplace seriously and respectfully.Also, pregnancy and childbirth may exacerbate existing medical impairments. There are two federal laws that may require an employer to accommodate a pregnant worker: the Pregnancy Discrimination Act (PDA), and the Americans with Disabilities Act (ADA).The PDA is a federal statute that protects pregnant workers and requires covered employers to make job-related modifications for pregnant employees.The PDA forbids employment discrimination based on pregnancy, childbirth, or medical conditions related to pregnancy or childbirth.
The law requires employers to treat a pregnant employee who is temporarily unable to perform, or is limited in performing, the functions of her job because of pregnancy, childbirth, or a related medical condition in the same manner as it treats other employees who are similar in their ability or inability to work.The definition of disability in the Code includes “a learning disability or a dysfunction in one or more of the processes involved in understanding or using symbols or spoken language”.