New rules by the Office of Federal Contract Compliance Programs (OFCCP) will require federal contractors and subcontractors to ask applicants and current employees whether they are individuals with disabilities.  These new rules are described in a recent alert by Husch Blackwell attorney Molly Kurt

While such an inquiry is otherwise prohibited by the Americans

Husch Blackwell attorney Molly Kurt recently addressed this question in a review of cases in which OFCCP has attempted to assert jurisdiction over hospitals as covered federal subcontractors.  Most recently, the U.S. District Court for the District of Columbia issued UPMC Braddock et al. v. Harris, in which the district court affirmed the decision