“Note, however, that it would not be illegal to deny a job opportunity to a candidate who volunteered, ‘I have young children and can't work past 4:30,’ when the job requires evening work,” Spiggle says. “Such a decision would be based on work restrictions offered by the candidate, not because of improper stereotype.”
How did you get that scar/mark/other physical abnormality?
“The ADA prohibits not only discrimination against those with an actual disability, but against those who are ‘regarded as disabled,’” says Kelly Kolb, labor and employment attorney atFowler White Boggs. “Questions about an employee's physical characteristics (to the extent they reflect a perception of disability) are prohibited, just as are questions about a person's actual disability.”
Prospective employers may, however, ask if you’re able to perform essential functions of the job, with or without accommodation, Kolb says.
How often are you deployed for your Army Reserve training exercises?
Kolb says employers cannot make employment decisions on the basis of a service member's membership or active duty service in the military. “Essentially, the employer cannot ask questions about the effect of the employee's military service on his ability to work for the employer.”
When are you planning on having children?
Employers can’t make judgments about a person’s dedication to their work by whether they have kids or will have them in the future. “If the employer wants to find out how committed the candidate will be to the job offered, the interviewer should ask questions such as, ‘What hours can you work?’ or ‘Do you have commitments aside from work that will interfere with specific job requirements such as traveling?’” says Davida S. Perry of Schwartz & Perry.
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