Contractor License Practice Exam

Is it legal to ask a job candidate about their mental health history during an employment interview?

1. Yes

2. No

3. Only if they consent

4. Only if relevant to the job

The correct answer is: No

In the context of employment interviews, it is generally considered illegal to ask a job candidate about their mental health history. This is because such inquiries can lead to discrimination based on disability under laws such as the Americans with Disabilities Act (ADA) in the United States. These regulations aim to protect individuals from being unfairly evaluated or excluded from employment opportunities because of their mental health status, which is viewed as personal and sensitive information. Employers are encouraged to focus on a candidate's qualifications, skills, and ability to perform job responsibilities rather than delving into personal health matters. By not allowing questions about mental health, the law promotes a more equitable hiring process that respects the privacy and autonomy of candidates. Employers can ask questions related to a candidate’s ability to perform essential job functions but must avoid any inquiries that could lead to discrimination based on mental health conditions.