How Are You? in Federal Guidance

Under the Americans with Disabilities Act, an employer may ask an employee about a disability only when it is job-related and a business necessity. In 2000 the Equal Employment Opportunity Commission listed questions that are not disability-related and are allowed.

These include “asking generally about an employee’s well being (e.g., How are you?),” “asking a pregnant employee how she is feeling or when her baby is due,” and asking how an employee is doing after a death in the family or the end of a marriage. Asking whether an employee takes prescription drugs is restricted.

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