Orange County Employment Interview Questions: Gender and Disability

Posted by Sessions & Kimball |

“It’s none of your business,” you may feel like saying when an overly personal question is asked by a prospective employer.  Actually, some of these questions may even be illegal.

It’s 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.

As to disabilities, 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.

Don D. Sessions, a Mission Viejo attorney, author and law school professor, helps employees enforce their rights.

Orange County Employment Interview Questions News

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