I have had interviews that skirted the question, and asked it, while not technically asking it. such as "is there anyone you would want me to know about that would make doing this job a challenge for you everyday or even sporadically?" type questions. that can include a depressive person, a diabetic, are you planning on getting preggers, and so on. They are getting quite good as asking, without asking.

On one hand, you cant blame them, cause moms that go out on maternaty leave every year or every other cost money. Depressive folks that are hard to motivate, and need extensive treatments or addictive folks in and out of alcohol rehab cost money. Now a days, once you are hired it take an act of congress to get you out the door, even if you prove to be a horrible employee. Its alot of legal manuevering to get your spot available again.