I’m a Job Developer and yesterday I ran into an uncomfortable situation when a prospective employer was asking for my client’s diagnosis. My client has a severe Mental Illness that is still shrouded with so much stigma, I didn’t want to tell him. I felt that the question was inappropriate if not illegal. So I did some checking and this is what I found out. My colleague felt the question was in legal territory, since I introduced myself as a Job Developer and it wasn’t an interview with the client. Here are the absolutely illegal question subjects.
An employer can ask you questions to determine your fitness for the job, not delving into your personal life. Illegal questions may be asked to eliminate you from the position or because the interviewer is poorly trained, ignorant or just overly curious.
What is the best way to handle an illegal question? I was vague and tried to answer the nature of the question.I told him he had an illness that required him to take medication, but that it didn’t affect his ability to do the job I suggested. I had talked with my client about disclosing his disability, so I had permission, but I didn’t think it was in my clients best interest to fully disclose. If an interviewer asks about your national origin, you can reply that you are legal to work in the Untied States. You can also say that you are uncomfortable with that question and it doesn’t have anything to do with my ability to do this job. I never have confronted or anything I have read suggest confronting the legality of the question in the interview, because you don’t know their motivation (ignorance or malice). You can file a claim with the EEOC, U.S Equal Employment Opportunity Commission, but there are time frames to adhere to.
Filed under: Uncategorized | Tagged: age, disability, illegal ineterview, maritial status, questions, race
