Job Interview Questions

Job Interview Questions : What You Can't Be Asked

Sure, you want the job but you don't have to answer every question

Are you frequently sick? Have you ever been arrested? Do you have any addictions? Does stress sometimes affect your ability to be productive? If a job interviewer asks you any of these questions, he or she may have broken the law.

Increasingly, the job interview is becoming a legal minefield. The Equal Employment Opportunity Commission issued 49 pages of new guidelines on how to conduct job interviews without running afoul of federal disability discrimination laws.

The guidelines stemmed from the passage of the 1990 Americans with Disabilities Act (ADA), a landmark civil rights law for the country's disabled population. Employers are critical of many guidelines. Which they believe further muddy an already murky situation. The guidelines do contain some subtle distinctions. Do you drink alcohol?, for example, is permissible. How much alcohol do you drink per week? is not.

An interviewer who is just trying to put an applicant at ease by asking a few personal questions can quickly cross into forbidden territory. How a question is asked can determine whether it is permissable or not. But, in general, any interview question may be considered illegal if it is used to discriminate to to judge a candidate in a manner that is not job-related. Following is layman's guide to some of the things that you can and can't be asked. If you feel you've been discriminated against, you can contact the Equal Employment Opportunity Commission.

Not always you'll need an interview to get a job. Broadway, New York, New York. Photo by Elena.

Can: Emplyers can ask you questions that relate specifically to your ability to perform the job with or without reasonable accommodations. For example, if a job involves lifting weights, you may be asked whether or not you can lift those weights.

Can't: You can't be asked to take any medical or psychological test before being offered a job.

Can: It is permissable to ask how many days you took off work the previous years, since the answer will not necessarily lead you to reveal any hidden disabilities.

Can't: You can't be asked any follow-up questions about a particular disability, even if you volunteer that you took time off from a previous job because of that disability.

Can: You can be asked general questions about minor impairments, such as, Do you have 20/20 vision? If you admit your eyesight is not perfect, however, you do not have to say how bad your eyesight actually is.

Can't: You can't be asked about any addictions you may have.

Can: You can be asked about illegal drug use and required to submit to drug tests. But you can only be asked about legal drug use (alcohol intake, supervised medications, etc.) if the prospective employer believes a positive drug test may have been the result of your taking prescribed medicines.

Can't: The results of tests you've taken to explore your honesty, taste, and habits can't be submitted to psychological analysis.

Can: You can be asked to take a fitness test.

Can't: Your blood pressure or other medical tests can't be taken after a fitness test.

Can: If a conditional offer of a job has been made, you may be required to undergo medical and psychological tests. But the offer can only be withdrawn if as a result of the tests it can be proven that any disability you may have would make you incapable of carrying out the job even after reasonable accommodations were made.