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An employer may not ask an applicant whether he or she needs reasonable
accommodation to perform the task. That question requires the applicant to disclose his
other disability and the need for reasonable accommodation.

Generally, an employer may not ask about the kinds of accommodation that
may be required until after the applicant is hired. However, if an employer
reasonably believes that an applicant will need reasonable accommodation to
perform the job functions, the employer may ask that applicant certain limited
questions. For example, if the applicant arrives at the interview in a wheelchair, the
employer can have a reasonable belief that the applicant is disabled and may need
an accommodation. In the situation where the employer has a reasonable belief
that the applicant will need an accommodation, the employer may ask whether he
or she needs reasonable accommodation and what type of reasonable
accommodation would be needed to perform the functions of the job. The

employer could ask these questions if: (1) the employer reasonably believes the
applicant will need reasonable accommodation because of an obvious disability;
(2) the employer reasonably believes the applicant will need reasonable
accommodation because of a hidden disability that the applicant has voluntarily
disclosed to the employer; or (3) an applicant has voluntarily disclosed to the
employer that he or she needs reasonable accommodation to perform the job. For
example, if an individual with diabetes applying for a receptionist position
voluntarily discloses that she will need periodic breaks to take medication, the
employer may ask the applicant questions about the reasonable accommodation,
such as how often she will need breaks and how long the breaks must be. Of
course, the employer may not ask any questions about the underlying physical
condition. See Equal Emp’t Opportunity Comm’n, Notice No. 915.002, Enforcement
Guidance: Preemployment Disability-Related Questions and Medical Examinations
(Oct. 10, 1995), http://www.eeoc.gov/policy/docs/preemp.html. An employer is
allowed to make a contingent offer of employment to an applicant and then
determine whether providing a reasonable accommodation would cause undue
hardship to the business.

(ii) Failure to Accommodate: Disabling Conditions

Both the ADA and the WLAD require employers to reasonably accommodate
disabled employees. According to the Equal Employment Opportunity
Commission’s (the “EEOC”) ADA guidelines, an accommodation is generally any

WASHINGTON NONPROFIT HANDBOOK -217- 2018