Always remember, you can ask people about their abilities, but you can't ask about their disabilities. This means that you can ask how an applicant plans to perform each function of the job, but you cannot ask whether the applicant has any disabilities that will prevent him or her from performing each function of the job.

One way to ensure that you stay within the rules is to attach a detailed job description to the application or describe the job duties to the applicant during the job interview. Then ask how the applicant plans to perform the job. This approach gives applicants an opportunity to talk about their qualifications and strengths. It also allows them to let you know whether they might need reasonable accommodations to do the job.

Keep in mind:

• If you have no reason to believe that the applicant has a disability, you cannot ask whether he or she will need an accommodation (meaning special help or equipment) from you to perform the job.
• If you do have reason to believe that the applicant has a disability (the disability is obvious or the applicant has told you about the disability), you can ask about accommodations.

For a comprehensive guide to learn about type of discrimination, refer to the website of the U.S. Equal Employment Opportunity Commission
Employers will find information about employing people with disabilities in U.S. on OESP web site