Wednesday, April 2, 2014

When an employer goes too far with the interview questions

It is very stressful when you are looking for a job and you should not have to make sure that a potential employer is following the law when interviewing you. Unfortunately there are many companies out there that are either unaware of questions that they can and cannot ask OR they just simply do not care. Companies are able to get away with this because people that they interview do not report them. Now one person reporting them is not going to do much aside from maybe get the company a warning from the labor board. However, several people that report the company will get them heavily fined and if it continues this can even get the company shut down.

When you are being interviewed by a company it is normal to be asked several questions about your previous work history and your previous education. However, if they start asking you questions about your health and if you have a disability that is taking it too far. You do not need to disclose any of that information and it is illegal for the company to ask you that. They can ask you if you have anything that will prevent you from working the position with or without reasonable accommodations but that is it. I once had a guy ask me who owned a company if I had any disabilities whatsoever. Then I had another company tell me to list any medications that I am taking. No matter what anyone says this is against the law.

The only time anyone is allowed to ask your about medications you use is when you are taking a drug test for the company. Most of the time they will not ask you anything unless your drug test comes up positive for something. Then a medical review officer (MRO) will ask you for a list of your medications to see if that could be causing a false positive. If you are on a medication legally and if they deny you employment because of this then the employer could be held liable. You want to check with your local labor board for laws regarding drug testing.

To be a police officer you need to take a psych eval. I think that is a good requirement for that job. You are hiring people to walk around with guns apprehending and arresting people who are breaking the law. I would not want a guy who's job is to protect the public who is mentally unstable. I cannot find whether or not the TSA requires psych evals.

If you feel like an employer has violated the law please do not hesitate to report it. Even if you are not sure whether or not they broke the law you can have your question answered. You can also look some stuff up on their website. I live in NH so I will use this link as an example http://www.nh.gov/labor. Just use Google to find your local labor board. 

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