MHIC NASCLA Contractors Practice Exam

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

1. Yes, always

2. Yes, if the position is sensitive

3. No, it is not legal

4. Only if it affects job performance

The correct answer is: No, it is not legal

Inquiring about a candidate's mental health history during an interview is generally not permitted due to legal protections designed to prevent discrimination based on health status, including mental health. The Americans with Disabilities Act (ADA) and similar state laws prohibit employers from asking questions about a candidate's mental health unless these inquiries are directly related to the individual's ability to perform essential job functions. This means that employers cannot legally bring mental health history into the hiring dialogue, as doing so could lead to discrimination against individuals who may have a history of mental health issues but are otherwise qualified for the job. While there are exceptions in some cases, such as for positions that require functioning in extremely sensitive or safety-critical environments—like law enforcement or aviation—these exceptions are limited. Even in sensitive positions, the inquiries must be framed in ways that focus on the individual's ability to perform the job rather than on their medical history per se. Therefore, it is illegal for employers to make general inquiries about a candidate's mental health history during interviews, aligning with the notion that candidates should be evaluated based on their qualifications and skills relevant to the position rather than their mental health status.