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 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: When do you plan to retire?
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
More Business & Finance Questions
A general contractor purchases equipment worth $45,000 with a useful life of 9 years and no salvage value. Using straight-line depreciation, what is the annual depreciation expense?
What is the typical recommended coverage amount for general liability insurance for a small to medium-sized general contracting business?
A contractor estimates startup costs of $75,000 for equipment, $25,000 for initial inventory, $15,000 for insurance premiums, and $10,000 for working capital. They can finance 70% of the total. How much cash do they need?
When establishing professional relationships with architects and engineers, what is the most important factor for a general contractor to consider?
A partnership agreement for a construction company should address all of the following EXCEPT:
A contractor purchases a truck for $60,000. After 5 years, it has accumulated depreciation of $35,000. What is the truck's book value?
A contractor's business plan projects first-year revenue of $500,000 with a 15% net profit margin. If actual revenue is $450,000 with the same profit margin, what is the variance in net profit?
Using the Modified Accelerated Cost Recovery System (MACRS), construction equipment is typically depreciated over how many years?
A contractor is comparing financing options for equipment purchase. Option A: $80,000 cash purchase. Option B: $20,000 down, $65,000 financed at 6% for 4 years. What is the total cost of Option B?
A contractor purchases equipment using a capital lease with a present value of $120,000. How should this be recorded on the balance sheet?
People Also Study
Related Study Resources
Previous Question
Under Florida Statutes Chapter 713, what information must be included in a Notice to Owner served by a subcontractor?
Next Question
A contractor fails to obtain a building permit before starting a $75,000 addition project. Under Florida Statute 455.228, what action can the licensing board take?