I will be conducting an interview with an individual who is deaf, for a forklift position in our warehouse. We are providing a sign language interpreter in order to conduct an effective interview with this candidate. I am concerned how the individual will be able to know when forklifts and other vehicles are moving throughout the aisles and stacks of merchandise in the warehouse. My company believes that this would pose a danger to himself and others. Can I ask the candidate about this? Is this a legitimate defense against hiring an individual that has the required experience and knowledge for the position? What else should I consider in this situation?

Your question poses several important issues to be considered when seeking information from an individual with a disability regarding work related tasks. In the pre-employment stage questions cannot be asked that would tend to elicit information about a disability. An employer can ask an applicant with an obvious disability, how they would perform job related tasks. However these questions cannot delve into the nature and history of a disability. An employer can address issues related to direct threat. Direct threat is defined by the ADA as the likelyhood that a person with a disability presents harm to themselves and others. The U.S. Supreme Court in CHEVRON U.S.A. INC. v. ECHAZABAL addressed the issues concerning direct threat. In this case it was ruled that an employer might raise the issue that in the performance of the job an individual may endanger one's health and safety. An employer's concerns must be based on current medical information and not based on stereotypes and misconceptions about a particular disability. Additionally, when an employer raises the issue of direct threat the employer must consider any reasonable accommodations that would eliminate or reduce the direct threat. Your employer may consider the installation of flashing lights on the motorized vehicles and adopt a policy that requires operators of motorized vehicles to stop at the end of an aisle before crossing into another aisle. These steps would likely reduce or eliminate the direct threat issue raised by the employer.