Legal Question in Employment Law in Florida
Hiring Questions?
Can you be legally asked during an interview if you have previously filed a discrimination / harassment claim or workers comp claim?
Asked on 12/26/07, 11:46 am
1 Answer from Attorneys
Keith Stern
Shavitz Law Group
Re: Hiring Questions?
That type of question is probably inappropriate since it would likely form the basis for a potential retaliation argument on the part of an employee; meaning that by asking that question, the prospective employer is putting themselves in a very precarious position to make any reasonable argument that its failure to hire someone who answers YES wasn't in fact motivated by the employee's prior claim.
Answered on 12/26/07, 3:27 pm
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