During a job interview, which question would be considered legally inappropriate under federal employment law?
Correct Answer
C) What is your marital status and do you plan to have children?
Questions about marital status and family planning are prohibited as they can lead to discrimination based on sex or pregnancy status. The other questions relate to legitimate job requirements and legal work authorization.
Why This Is the Correct Answer
Questions about marital status and family planning are explicitly prohibited under federal employment law, specifically Title VII of the Civil Rights Act of 1964. These questions can lead to discrimination based on sex, pregnancy status, or familial status, which are protected characteristics. Such personal questions are not related to job performance or qualifications and create legal liability for employers. The EEOC considers these questions as evidence of potential discriminatory intent.
Why the Other Options Are Wrong
Option B: Do you have reliable transportation to work?
This question is not only legally appropriate but required under federal law. The Immigration Reform and Control Act of 1986 mandates that employers verify work authorization for all employees through Form I-9, making this a necessary legal compliance question rather than discrimination.
Option D: Can you perform the essential functions of this job with or without accommodation?
This question is legally appropriate and recommended under the Americans with Disabilities Act (ADA). Employers are allowed to ask if candidates can perform essential job functions with or without reasonable accommodation, as this directly relates to job performance and helps ensure workplace safety.
Memory Technique
Think 'Can't ask about the CRADLE' - Children, Religion, Age, Disability (improperly), Love life/marital status, Ethnicity. If it's not job-related, don't ask it.
Reference Hint
Florida Building Code Chapter 1, Section 105 - Permits and Inspections, or OSHA 29 CFR Part 1926 for employment law references
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