"The ADA expressly prohibits employers from asking certain pre-employment interview questions. Specifically, employers may not ask questions that are likely to reveal the existence of a disability before making a job offer (the pre-offer period).
An employer may make the prohibited inquiries and other inquiries that are likely to reveal the existence of a disability
after extending a job offer, as long as it asks the same questions of other applicants offered the same type of job.
It is important to note that while the only pre-employment interview questions prohibited by the ADA are disability-related inquiries and requests for medical examinations, the prohibited inquiries apply to all applicants, not just those who are disabled.
Courts have generally found that ADA claimants must present evidence of actual harm arising from the asking of a prohibited question in order to recover damages."
So, Jillian, the answer is yes. An employer has the right to ask...When was your last period? How many pregnancies? How many miscarriages? How many abortions? Any fertility problems?
On and on and on...
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