Prohibited Employment Test Questions

Employers are turning increasingly to employment tests to ensure that they get the best candidates for every job opening. While these tests are generally legal, there are a number of questions that are prohibited.

One of the most important prohibited questions pertains to questions about any disabilities. While not part of the original Civil Rights protections, the questions became prohibited with the Americans With Disabilities Act. Questions about disabilities are prohibited as they might lead an employer to elect not to hire the individual with a disability just because they have a disability. The disability may not even have any effect on a person's ability to perform a job but employers sometimes opt not to hire because of the disability.

Another prohibited set of questions pertain to a person's race and ethnicity. These are not acceptable because of the country's history of racial discrimination. Ethnicity questions aren't acceptable either, as they may result in discrimination based on ethnicity.

Sexual preferences questions are also not acceptable. These questions are prohibited to prevent discrimination against the GLBT community. While not traditionally as common as other forms of discrimination due to the lack of outside indicators, this form of discrimination is just as damaging as any other form that exists.

Questions regarding age are not acceptable either. Age questions in employment tests can lead to older candidates being passed over for jobs based on their age and anticipated salary requirements.

Contact a Houston Employment Lawyer

If you have been the victim of prohibited employment test questions, contact the Houston employment lawyers of the Ross Law Group at 713-482-6910.