A 62-year-old experienced carpenter applies for a position. During the interview, the hiring manager can legally ask:
Correct Answer
B) Are you able to perform the essential functions of this job?
Questions about ability to perform essential job functions are always permissible. Questions about retirement plans, comparisons to younger workers, or indirect age inquiries violate the ADEA.
Why This Is the Correct Answer
Under the Age Discrimination in Employment Act (ADEA), employers can legally ask about an applicant's ability to perform essential job functions regardless of age. This question focuses on job-related capabilities rather than age itself. It's a bona fide occupational qualification (BFOQ) inquiry that directly relates to whether the person can do the work required. This type of functional assessment question is always permissible and protects both employer and employee interests.
Why the Other Options Are Wrong
Option A: When do you plan to retire?
Asking about retirement plans is a direct age-related inquiry that violates the ADEA. This question assumes the person will retire soon based on their age and creates potential for age discrimination in hiring decisions.
Option C: Do you think you can keep up with younger workers?
This question makes an age-based comparison and implies that older workers are less capable than younger ones. It directly violates ADEA protections by suggesting age-related performance assumptions rather than focusing on actual job capabilities.
Option D: How many years of experience do you have since high school?
This is an indirect way of determining age by calculating years since a typical high school graduation age. Such indirect age inquiries are prohibited under the ADEA as they can reveal protected age information.
Memory Technique
Use 'SAFE' - Skills Are Fair Evaluation. Age-related questions are unsafe, skill-related questions about essential functions are always safe and legal.
Reference Hint
Florida Building Code - Chapter 1, Administrative provisions, or Employment Law section covering ADEA compliance for contractors
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