Employment Law Attorney in Minneapolis, Minnesota

Asking About Disabilities During an Interview

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It depends on what you’re looking to do. If you’re looking to comply with the law, absolutely not. The fact is that it’s not appropriate to consider someone’s disability of any sort, physical, mental, as part of the criteria for job selection and most folks, judges, juries that sort of thing, expect that you’re asking questions in an interview that matter to who you pick. So, there should be no circumstance when someone’s health, mental or otherwise, comes up.

Minneapolis and St. Cloud employment law attorney Sheila Engelmeier explains why it is not appropriate to ask mental health related questions in a job interview. She stated that, from a legal compliance standpoint, an applicant’s disability should never be considered during the hiring process. She emphasized that it is inappropriate to use any physical or mental disability as a criterion for selecting candidates because employment decisions must be based on qualifications and job-related factors rather than an individual’s health condition. According to her, judges, juries, and other decision-makers generally expect that interview questions are directly related to determining whether a candidate is qualified for the position.

She further noted that an applicant’s physical or mental health should not become a topic of discussion during a job interview. She stressed that employers should focus their questions on matters relevant to the position and avoid inquiries that could suggest discriminatory hiring practices.

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