Legal Question in Workers Comp in South Carolina

Re: Interview question

You can ask questions in a job interview regarding a person's job behavior, skills and experience. You can identify skills that the job requires such as lifting a certain weight, walking a certain distance, or standing for a certain period of time and you can ask the person if they are able to meet the job requirements. You could ask what safety training the person has completed that may be relevant to the job in question. It is illegal to ask a person about prior incidents they may have been involved in. Another guide regarding illegal interview questions can be found at http://www.doi.gov/hrm/pmanager/st13c4.html

You may learn about prior incidents by an employee volunteering such information, but you should not base your hiring decision on such information because it is illegal for consideration.

Some companies have an attorney-reviewed list of interview questions to avoid illegal questions. Some questions at first glance that may seem innocuous can get the employer in trouble.