Georgia Assessments for the Certification of Educators GACE Practice Test

Which of the following questions would it be illegal to ask a job candidate at a pre-employment interview?

1. Both A and B

2. Do you have any disabilities that would interfere with your ability to perform

3. Have you ever requested workers' compensation benefits?

4. Neither A nor B

The correct answer is: Both A and B

In a pre-employment interview, it is critical to adhere to legal standards that prevent discrimination and respect the privacy of candidates. Asking about disabilities or previous workers' compensation claims can lead to discrimination based on a candidate's status or health, which is illegal under various employment laws, including the Americans with Disabilities Act (ADA) and the Equal Employment Opportunity Commission (EEOC) guidelines. Specifically, questioning a candidate about disabilities that might affect their performance infringes on their right to confidentiality regarding their personal health information. Similarly, inquiring about past workers' compensation claims can lead to bias against individuals based on their health history, which is protected information. Both questions could lead to potential discrimination and do not substantively assess a candidate's ability to perform the job. Therefore, these inquiries are not only inappropriate but also legally problematic in the context of hiring practices. The recognition that both these questions are illegal forms the basis of why selecting "Both A and B" is the only appropriate choice in this scenario.