Under Florida law, which of the following questions is legally permissible to ask during a job interview for a construction position?
Correct Answer
D) Are you able to lift 50 pounds as required for this position?
Asking about the ability to perform essential job functions is permissible. Questions about age, marital status, and national origin are prohibited under anti-discrimination laws.
Why This Is the Correct Answer
Option A is legally permissible because it directly relates to essential job functions and physical requirements necessary to perform the construction work safely and effectively. Under the Americans with Disabilities Act (ADA) and Florida employment law, employers can ask about an applicant's ability to perform specific job-related tasks with or without reasonable accommodation. This question focuses on job performance rather than personal characteristics, making it a legitimate inquiry for construction positions where physical capabilities are bona fide occupational requirements.
Why the Other Options Are Wrong
Option B: What country are you originally from?
Questions about marital status or having children are prohibited under Title VII of the Civil Rights Act and Florida employment law as they constitute discrimination based on sex and family status. These personal matters are irrelevant to job qualifications and could result in discriminatory treatment of applicants.
Option C: Are you married or do you have children?
Asking about age is prohibited under the Age Discrimination in Employment Act (ADEA) and Florida Civil Rights Act, which protect individuals 40 years and older from employment discrimination based on age. This question has no bearing on job performance and could lead to discriminatory hiring practices.
Memory Technique
Use 'CAN DO vs. CAN'T ASK' - CAN ask about what they CAN DO for the job (abilities, skills, availability), CAN'T ASK about personal characteristics (Age, Marriage, Children, Origin = AMCO)
Reference Hint
Florida Building Code Chapter 1, Section 105 - Permits and Administration, or Florida Statutes Chapter 760 - Discrimination in Places of Public Accommodation and Employment
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