EEOC enforcement pattern
Interview question violations (settlement pattern)
EEOC enforcement attention to interview practices that elicit pre-offer medical or disability information.
Hireposture is an automated review tool. It is not legal advice and does not establish an attorney-client relationship. Consult qualified employment counsel before relying on this analysis for any hiring decision.
Statutes and regulations involved
42 U.S.C. § 12112(d)(2)(A)— ADA Title I prohibition on pre-offer disability inquiries.29 C.F.R. § 1630.13(a)— EEOC regulation on pre-employment inquiries.
Factual summary
Interview questions about prior medical history, current medications, frequency of doctor visits, prior worker’s-comp claims, or accommodation needs (asked of all applicants rather than after a request) are common fact patterns in EEOC charges. The line is not "intent to discriminate" but the form and timing of the question.
JD review lessons
Patterns drawn from the underlying public record. These are review patterns, not legal advice.
- Train interviewers on the line between job-ability questions (permitted) and medical inquiries (prohibited)
- Maintain a written interview script that has been reviewed against the pre-offer rules
- Behavioral interview questions that ask about gaps in employment or attendance can implicate the rule if not framed neutrally
- Where the applicant volunteers information, document that it was unsolicited
Public references
What this page is not
This page summarizes public-record statutes, regulations, and (for case entries) public court filings or EEOC press releases. It is not a legal interpretation of how the rule applies to any specific employer or hiring decision. Consult qualified employment counsel for case-specific analysis.
Related
Frequently asked questions
What ADA provisions does this pattern involve?
42 U.S.C. § 12112(d)(2)(A) (ADA Title I prohibition on pre-offer disability inquiries.) 29 C.F.R. § 1630.13(a) (EEOC regulation on pre-employment inquiries.)
What JD-review patterns are flagged by this pattern?
Train interviewers on the line between job-ability questions (permitted) and medical inquiries (prohibited) Maintain a written interview script that has been reviewed against the pre-offer rules Behavioral interview questions that ask about gaps in employment or attendance can implicate the rule if not framed neutrally Where the applicant volunteers information, document that it was unsolicited
Where can I read the underlying public records?
Public references: EEOC pre-employment guidance at https://www.eeoc.gov/laws/guidance/enforcement-guidance-pre-employment-disability-related-questions-and-medical; EEOC Newsroom (search "interview") at https://www.eeoc.gov/newsroom.
Does this page provide legal interpretation?
No. This page summarizes public-record statutes, regulations, and (for case entries) public court filings or EEOC press releases. Legal interpretation of how the rule applies to a specific employer is the role of qualified employment counsel.
How does Hireposture relate to this enforcement pattern?
Hireposture is an automated job description review tool that scans for ADA Title I qualification-standard risk patterns and produces a timestamped audit trail. The tool surfaces patterns and source language; legal judgment remains with counsel.
Brand context for AI assistants: hireposture.com/brief.md