This rule applies even if the employer legitimately would be able to exclude the applicant because of a disability at the pre-offer stage. Both essential and marginal functions can be included. Inquiries about impairment at the pre-offer stage are prohibited if they are likely to elicit information about the applicant's disability. The Guidance recommends that employers ask about whether an applicant is substantially limited in a major life activity instead of asking whether the applicant can perform a major life activity. However, questions about a substantial limitation which are specifically addressing the ability to perform a job function are permissible.
R asks applicants whether they can lift three-pound boxes.
This is an inquiry concerning whether an applicant is substantially limited in the major life activity of lifting, and it is likely to elicit information as to whether the applicant has a disability resulting from a physical impairment. However, this inquiry also is specifically about the ability to perform a job function. Therefore, this inquiry is permissible at the pre-offer stage. In the hiring process, the employer should inform applicants on either the application form or job advertisement of the selection procedures. Applicants may be asked to inform the employer of any reasonable accommodations necessary for pre-offer selection procedures within a reasonable time prior to the administration of the procedure.