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The Maine Human Rights Act and the Americans with Disabilities Act: What and When Can Employers Ask about Disability?

Kristin L. Aiello, Esq.
Disability Rights Center
24 Stone Street, P. O. Box 2007
Augusta, Maine 04338-2007
(207) 626 2774 v/tty
(207) 621 1419 (fax)
kaiello@drcme.org

APRIL 25, 2002


INTRODUCTION

What can prospective and present employers ask about disability and when can they ask it? Can prospective and present employers conduct medical examinations of applicants and employees? If so, when? Title I of the Americans with Disabilities Act (the "ADA") and the Maine Human Rights Act ("MHRA") limit an employer's ability to ask questions related to disability and conduct medical examination at three stages, including (1) pre-offer, (2) post offer and (3) during employment. The following materials address permissible and impermissible questions and examinations related to these three stages of employment.


The MHRC and ADA: What and Can Employers Ask about Disability? in MS Word © format


 I. The Application or Pre-Offer Employment Stage
 II. Post-Offer Employment Stage
 IV. Confidentiality Requirements
 View Entire Publication

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Disability Rights Center P.O. Box 2007, Augusta, Maine 04338-2007 1-800-452-1948 (v/tty) Advocate@drcme.org