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Title II prohibits all public entities, regardless of size, from discriminating in employment practices against qualified individuals with disabilities.
All public entities must ensure that their employment practices and policies do not discriminate on the basis of disability against qualified individuals with disabilities in every aspect of employment, including recruitment, hiring, promotion, demotion, layoff and return from layoff, compensation, job assignments, job classifications, pair or unpaid leave, fringe benefits, training, and employer-sponsored activities.
Public entities must make reasonable accommodations to the known disabilities of otherwise qualified applicants or employees, unless the public entity can show that the accommodation would impose an undue hardship on the operation of its programs.
During the hiring process, public entities may ask about the applicant’s ability to perform the job-related functions, but may not ask whether an applicant is disabled or about the severity of an applicant’s disability. Employers should consider all applicants for positions in a consistent manner.
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