Illegal Employment Test Questions

Although most pre-employment tests are loosely regulated, there are prohibited questions which cannot be asked. Any question which could result in employment discrimination is illegal, and applicants may file suit if they are subjected to such questions.

If you have been the victim of discriminatory pre-employment testing, you may have grounds for suing the administering company. Contact the San Antonio employment lawyers of Melton & Kumler, LLP to discuss your legal options. Call 800-681-6932 to speak with a qualified attorney about your case.

Prohibited Questions

Any questions which require applicants to reveal things about themselves that could be later used for discriminatory purposes are prohibited. For example, any questions pertaining to the following characteristics are illegal:

• Disabilities–Employers may not ask applicants to reveal whether or not they have any disabilities, because that information could be later used by employers to discriminate against an applicant. Even if a disability will not directly interfere with an applicant’s work performance, employers may still discriminate.

• Age–Questions regarding age are also prohibited because employers may discriminate in favor of younger applicants. Older applicants are typically assumed to request higher pay; however, it is not fair to base hiring decisions on an applicant’s age.

• Race/Ethnicity–Because of our country’s history of racial discrimination, all questions pertaining to an applicant’s ethnicity or race are strictly prohibited.

• Sexual preference– Questions that pertain to an applicant’s sexual preference are not only invasive and irrelevant, they are illegal. This is designed to protect members of the LGBT community who may otherwise be discriminated against by employers.

Contact Us

If you have been asked illegal questions during a pre-employment test, contact the San Antonio employment lawyers of Melton & Kumler, LLP at 800-681-6932 to discuss your grounds for a suit with a professional.