Which subject is illegal for a potential employer to ask during the hiring process?

Asking about a candidate's disability status during the hiring process is considered illegal under the Americans with Disabilities Act (ADA), which aims to protect individuals with disabilities from discrimination in various aspects, including employment. This law restricts employers from inquiring about a potential employee’s disability before making a job offer, ensuring that the focus remains on the candidate's ability to perform the essential functions of the job.

The rationale behind this regulation is to prevent discrimination and to promote equal opportunity for individuals with disabilities, safeguarding them from being unfairly judged or excluded based on their health conditions. By limiting inquiries related to disabilities, the focus is shifted towards assessing qualifications and skills relevant to the job, thereby fostering an inclusive hiring environment.

Other topics, such as previous salary, marital status, and political affiliation, may not have the same legal restrictions, though they can still raise ethical concerns around privacy and bias.