Under the ADA, what can an employer do?

B

The Americans with Disabilities Act (ADA) is a federal law that prohibits discrimination against individuals with disabilities in employment, public accommodations, and other areas of society. The law is designed to ensure that individuals with disabilities have equal access to opportunities and are not subjected to discrimination based on their disability.

With regard to employment, the ADA imposes certain requirements on employers to ensure that they do not discriminate against individuals with disabilities in the hiring process, job duties, and workplace accommodations.

Regarding the specific question of what an employer can do under the ADA, the correct answer is (B) - an employer can inquire about a disability when offering a job provided the disability is related to the job requirements.

This means that an employer can ask about an applicant's disability if it is relevant to the essential functions of the job. For example, if the job requires the employee to lift heavy objects, the employer can ask if the applicant has any physical limitations that would prevent them from performing that task. However, the employer cannot ask about disabilities that are not relevant to the job, such as mental health conditions, unless it is directly related to job duties.

Option (A) - an employer cannot inquire about a disability if the disability is obvious to the interviewer at the time of the job interview. This is incorrect. Employers can ask about disabilities if they are relevant to the job, regardless of whether or not they are obvious.

Option (C) - an employer cannot refuse to make an accommodation for a disability if 50 persons or fewer are employed. This is also incorrect. The ADA applies to employers with 15 or more employees, and all employers are required to provide reasonable accommodations to employees with disabilities, regardless of the number of employees.

Option (D) - noting the disability in the employee's file so that other managers will be aware of it when interviewing the employee for future position changes is generally not recommended as it can lead to discrimination against the employee. Employers should keep employee medical information confidential and only share it with those who need to know in order to provide reasonable accommodations.