Your company has 18 employees and you're hiring a new project manager. During the interview, which question would be legally permissible to ask?
Correct Answer
C) 'Can you perform the essential functions of this job with or without reasonable accommodation?'
Questions about ability to perform essential job functions are permissible and appropriate. Questions about family status, national origin, and age are generally prohibited as they could lead to discriminatory hiring practices.
Why This Is the Correct Answer
Option C is legally permissible because it directly relates to the candidate's ability to perform the essential functions of the job, which is the core purpose of employment interviews. This question is protected under the Americans with Disabilities Act (ADA) as it allows employers to assess job-related qualifications while also opening the door for reasonable accommodation discussions. It focuses on job performance rather than personal characteristics, making it both legally compliant and professionally relevant. This type of question helps employers make informed hiring decisions based on legitimate business needs.
Why the Other Options Are Wrong
Option A: 'Do you have any children or plan to have children?'
Questions about family planning or having children violate Title VII of the Civil Rights Act and can constitute pregnancy discrimination, as they may lead to bias against women of childbearing age.
Option B: 'What is your country of origin?'
Asking about country of origin violates Title VII protections against national origin discrimination and could lead to illegal bias in hiring decisions based on ethnicity or birthplace.
Option D: 'How old are you?'
Age-related questions violate the Age Discrimination in Employment Act (ADEA) which protects workers 40 years and older from employment discrimination based on age.
Memory Technique
Think 'CAN DO' questions are OK - questions about what a candidate CAN DO for the job are permissible, while personal 'WHO ARE YOU' questions are prohibited.
Reference Hint
Florida Building Code - Chapter 1, Section 105 (Permits) and Equal Employment Opportunity Commission (EEOC) guidelines for construction industry hiring practices
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