Utah General Contractors - Business and Law Practice Exam

Is it legal to inquire about a candidate's mental health history during a job interview?

1. Yes, if they consent

2. Yes, as part of background checks

3. No, it is not legal

4. Yes, if in a healthcare setting

The correct answer is: No, it is not legal

The legal framework surrounding inquiries into a candidate's mental health history during job interviews is primarily shaped by laws that protect individuals from discrimination based on mental health conditions. Under the Americans with Disabilities Act (ADA), employers are prohibited from asking about a candidate's mental health history or conditions prior to making a job offer. This is to ensure that candidates are not discriminated against based on past or present mental health issues. Furthermore, mental health is considered sensitive personal information, and inquiring about it can lead to potential discrimination claims if a candidate feels they were unfairly treated based on their responses. This protection extends to many types of employment situations, not just those within healthcare, reinforcing the strong stance on confidentiality and privacy regarding mental health. Generally, while certain limited inquiries may be permissible in very specific contexts, such as when determining capability for specific roles or when working within certain healthcare settings, the question posed does not fit those criteria broadly. Thus, the assertion that it is not legal to inquire about a candidate's mental health history during a job interview aligns with the legal standards aimed at preventing discrimination and protecting candidate privacy.