Employee Rights Tip: Illegal Job Application Interview Questions
It is none of your business, you may feel like saying when an overly personal question is asked by a prospective employer. Actually, some of these employment interview questions may even be illegal.
It is improper to ask about your sexual preference, marital status, dependents, whether you have made provisions for childcare, if you’re pregnant, use birth control, who you live with, or the names of your family members. If you’d like to know if you have a case, contact Sessions and Kimball.
As to employee disability discrimination, it’s permissible to inquire if you can perform the essential functions of the job or state that a job may require you to pass a job‑related physical exam. However, employers can’t ask what your height or weight are unless actual job functions have the height or weight requirements. There should be no questions about your general medical condition, state of health, illnesses, or physical or mental disabilities.
If an illegal question is asked, you can choose whether or not to answer it. But if you don’t get the job, see a lawyer at a firm like Sessions and Kimball.
Don D. Sessions, an Orange County employment law attorney, author, and law school professor, helps employees enforce their rights. For questions, call (949) 380-0900 © Don D. Sessions.