Which of the following interview questions is legally permissible?
Correct Answer
C) Can you work the required schedule?
Questions about ability to work required schedules are job-related and permissible. Questions about family status, national origin, and age are generally prohibited as they could lead to discrimination.
Why This Is the Correct Answer
Option C is legally permissible because it directly relates to job requirements and the candidate's ability to perform essential job functions. Questions about work schedule, availability, and ability to meet job demands are considered bona fide occupational qualifications (BFOQs). This type of question focuses on job performance rather than personal characteristics protected by employment discrimination laws. Employers have a legitimate business interest in knowing if candidates can fulfill the basic requirements of the position.
Why the Other Options Are Wrong
Option A: Do you have children at home?
Asking about children at home violates employment discrimination laws as it relates to family status and could lead to discrimination based on parental status or gender, which are protected characteristics under federal and state employment laws.
Option B: What is your country of origin?
Questions about country of origin are prohibited under federal employment discrimination laws as they could lead to national origin discrimination, which is protected under Title VII of the Civil Rights Act of 1964.
Option D: How old are you?
Age-related questions are generally prohibited under the Age Discrimination in Employment Act (ADEA) for applicants over 40, and asking about age could lead to age-based discrimination regardless of the applicant's age.
Memory Technique
Think 'CAN DO' questions are OK - Can you work weekends? Can you lift 50 pounds? Can you work required hours? These focus on job abilities, not personal characteristics.
Reference Hint
Florida Building Code - Chapter 1, Administrative provisions, or Business Law section covering employment practices and discrimination laws
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