Pre-Employment Questions: What Employers Can’t Ask

“Do you have any medical conditions we should know about?”

“How many sick days did you use at your last job?”

“Have you ever filed a workers’ compensation claim?”

After a Conditional Job Offer: What Employers Can Ask

It’s a standard requirement for all employees entering the same job category, not just for you.

The information is kept confidential and stored separately from your personnel file.

The questions are job-related and consistent with business necessity.

Once You’re Employed: When Questions Are Allowed

You request an accommodation. To assess your request, your employer has the right to ask for documentation showing you have a disability and explaining why you need an accommodation.

They believe you’re unable to perform essential job functions. If your performance changes dramatically or you show signs you’re unfit for the job, your employer can ask for a medical evaluation — but it must be based on objective evidence, not rumors or stereotypes.

There’s a direct threat. If your disability could pose a safety risk to yourself or others, your employer can ask for medical information needed to assess and manage that risk.

Asking about your disability just out of curiosity

Requiring unnecessary medical documentation

Sharing your medical details with coworkers or unrelated managers

Using your disability as a reason to deny promotions, reduce hours, or change duties unfairly

Retaliating because you requested accommodations

Reasonable Accommodations: What You Need to Know

How the accommodation would affect operations

What To Do If You Feel Your Rights Are Violated

Document everything: Keep records of what was asked, when, and who was present. Save emails, notes, and doctor’s letters.

Communicate clearly: If questions feel intrusive, you can politely say, “I’m happy to provide documentation related to the accommodation I’m requesting, but I’d like to keep personal medical details private.”

Report concerns internally: If you feel safe, report to HR or your company’s compliance officer.

File a complaint: You can file with the <a href="https://www.njoag.gov/about/divisions-and-offices/division-on-civil-rights-home/">New Jersey Division on Civil Rights (DCR)</a> within 180 days of the violation.

Seek legal advice: Disability discrimination can be complicated. A disability discrimination lawyer in New Jersey can help you figure out if you have a claim and how to protect yourself.

Can Employers Question Your Disability Status in NJ?

A Quick Look at Your Disability Rights in NJ

The Most Common Excuses, and Why They’re Not Okay

1. “We don’t do accommodations here.”

2. “You should’ve told us during the interview.”

3. “We’d love to help, but it would be too expensive.”

4. “We’re treating everyone equally.”

5. “You’re just not a good fit anymore.”

New Jersey Law: Even Stronger Than Federal Protections

What Counts as a Reasonable Accommodation?

Common Employer Excuses That Violate Disability Rights

What Counts as a “Reasonable Accommodation”?

Modifying work schedules or allowing remote work

Providing assistive devices like screen readers or ergonomic furniture

Offering extended breaks or leave for treatment or recovery

Making physical changes to the workplace for accessibility

Providing written instructions or additional training time

Demoting, disciplining, or firing you for needing support

Can You Be Fired for Requesting an Accommodation?

Ask for documentation of your need (such as a doctor’s note)

Start an “interactive process” to determine what accommodations are possible

Offer an alternative solution that meets your needs in a different way

Deny you accommodations without explanation

Penalize, isolate, or terminate you for asking

Make assumptions about your ability to work based on your condition

Real-World Examples: When the Law Is Violated

What to Do If You Need a Reasonable Accommodation

That you have a disability covered by law

But What If My Employer Says It’s “Too Much”?

Why the accommodation would be too burdensome

Accommodations Shouldn’t Be a Career Risk

Request changes that help you do your job

Be treated with respect during that process

Need Guidance? Talk to Someone Who Gets It

Can You Be Fired for Needing Reasonable Accommodations?

Crohn’s disease or irritable bowel syndrome (IBS)

Hearing impairments or vision loss (when not apparent)

How the NJ Law Against Discrimination Applies

Employers can’t fire, demote, or refuse to hire someone because of a disability.

They also can’t treat an employee less favorably just because they have a condition that affects how they work.

If you disclose your disability and ask for a reasonable accommodation, your employer must consider it in good faith.

The employer must also avoid creating a hostile work environment based on disability.

What Is a “Reasonable Accommodation”?

A flexible schedule or remote work options

Noise-reducing headphones or a quiet space to work

Ergonomic equipment or software adjustments

What If Your Employer Doesn’t Take You Seriously?

“You’re fine — you’re just stressed.”

What to Do If You’re Facing Discrimination

Examples of Workplace Discrimination Based on Invisible Disabilities

A marketing coordinator with an anxiety disorder is denied permission to work remotely — even though the rest of her team has that option.

An IT technician with epilepsy asks to avoid night shifts after a seizure, but is told to “push through it” or quit.

A teacher with lupus requests brief rest breaks during the day and is suddenly assigned extra duties “to test her dedication.”

Need Help Navigating Your ADA Workplace Rights?

Invisible Disabilities and Your Legal Protections in the Workplace

Disability Rights in New Jersey: A Quick Overview

Musculoskeletal issues (e.g., arthritis, back injuries)

Chronic illnesses (e.g., diabetes, epilepsy, HIV/AIDS, cancer)

Mental health conditions (e.g., anxiety, depression, PTSD)

Sensory impairments (e.g., blindness, deafness)

Temporary conditions, if they significantly limit function

Examples of Disabilities Recognized Under NJLAD

Migraines (if severe and medically documented)

Post-surgical recovery (if it limits physical activity)

COVID-19, long COVID, or related conditions — if medically documented

Your Rights as a Person With a Disability in New Jersey

What If You’re Denied an Accommodation or Treated Unfairly?

Need Help Understanding Your Disability Rights in New Jersey?

Employment Law Insights & Resources

Recent Posts

Can Employers Question Your Disability Status in NJ?

Common Employer Excuses That Violate Disability Rights

Can You Be Fired for Needing Reasonable Accommodations?

Invisible Disabilities and Your Legal Protections in the Workplace

What Qualifies as a Disability Under NJ Law? Everything You Need to Know