Back to WIOA ePolicy HomePre-employment or Pre-training Inquiries
Chapter: 10 Section: 5.4Effective Date: 2/15/2019
Expiration Date: Continuing
Published Date: 9/9/2020 11:34:35 AM
Status: Current
Version: 2
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Tags: EO, Disability, Equal Employment Opportunity, Nondiscrimination, NDP, NDP
- Generally, a recipient may not ask an applicant for employment or training whether he/she has a disability or the nature or severity of a disability, except for the following reasons:
- When a recipient is taking remedial action to correct the effects of past performance;
- When the recipient or the government is attempting to determine the extent to which the recipient has operated its programs in a nondiscriminatory way; and
- When the recipient or the government is collecting EO data.
- The prohibition against asking an applicant about a disability does not apply when such an inquiry is required or necessitated by federal law or regulation. However, before applicants are asked to provide information about their medical condition or history, even if the question is allowable under one of the exceptions, applicants must be:
- Told that the information is being requested on a voluntary basis.
- Informed about the ways in which the information will be used and the narrow circumstances under which the information may be disclosed.
- Recipients may not require pre-employment medical examinations. However, they may condition a job offer on the results of a medical examination to be conducted prior to the individual’s entrance on duty under any of the following circumstances:
- A medical examination is required for that job regardless of disability status;
- Results are not to be used unjustifiably to discriminate based on disability; and
- Information is kept confidential.
Section 188 Reference Guide PROMISING PRACTICES IN ACHIEVING NONDISCRIMINATION AND EQUAL OPPORTUNITY
WIOA Section 188 - Administration, Nondiscrimination
775 ILCS 30 White Cane Law
USDOL Training and Employment Notice (TEN) No. 24-18, Updated Promising Practices in Achieving Nondiscrimination and Equal Opportunity: A Section 188 Disability Reference Guide (April 3, 2019)
Affirmative Action Plan 2019
No Forms & Instructions Found
No Notices Found
