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What questions can I be legally asked at a job interview?I work as an independent contractor and was recently reminded that many of the questions I'm asked are illegal to ask for standard employees and I'm wondering if it's legal for a prospective employer to ask me these questions if I'm working as an independent contractor. What exactly are the questions a prospective company is allowed to ask an independent contractor? Are there any limits or are they only supposed to ask those same questions as if you were applying for employment?
First off, in terms of whether independent contracts can be asked different questions, all I can find are that it's legal to ask specific questions if they directly relate to the ability of the applicant to do the job. The Department of the Interior has a useful table of legal / illegal questions. After digging around quite a bit further, the best answer I've found was on the terrific Business.Gov site. Here's what they say about this very important subject: The Successful Interview - What Not to Do The following list is comprised of subject matter that is widely regarded as off-limits for discussion in an interview by employment experts. Most of these subjects relate directly to federal and state employment laws. Legislation covering equal employment opportunity is extensive and complex. Check not only federal laws, but also your own state's laws and guidelines. Remember, state laws vary! Consult an attorney for legal advice before you begin the search process for a new employee. In an interview, or on an employment application, do not ask questions:
Remember - when in doubt, ask yourself if the question is job-related; if not, don't ask! For more information The U.S. Equal Employment Opportunity Commission homepage: http://www.eeoc.gov/.
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(Article 4079,
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Tagged: Previous: How do I copy my iTunes library onto my new Mac? Next: How do I copyright my company name? Reader Comments To Date: 6Trevor said, on May 21, 2007 11:06 AM:
I have an I-pod mini a just got a new nano how can I get the music from the mini to the nano when my computer won't let me copy the music from the mini to the computer dave said, on July 25, 2007 5:38 PM:
Can a company ask for a candidate's photo prior to interviewing? smita said, on July 10, 2009 12:26 AM:
can a company ask for a photograph before calling me for an interview and the photograph to be txtd to a mobile phone. Dave Taylor said, on July 10, 2009 7:46 AM:
In terms of asking for photos, as far as I believe, they can only ask that if your physical appearance is an important element of the job. For example, a cocktail waitress. Otherwise, yeah, that sounds like they might be in a gray area. Paul R. Johansen said, on September 15, 2010 1:01 PM:
Good article, I like the links to the gov sites. Very useful before going to the interview. Thanks.
I do have a comment, now that you mention it!Check This Out Too... |
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The beauty of an Independant Contractor status is that you are an business basically for yourself. When a company "hires" an independant contractor thay have in effect placed an order for your services. Not much different than hiring a plumber or a roofer or someone to come fix your sidewalk. The company can ask just about whatever they want, they are not hiring you in the classic employee/employer sense. The benefits of the independant contractor status work both ways.
For a better feel of the rights and responsibilities of an independant contractor, look to the IRS rules on the subject (I don't have a URL right at my fingertips though) there are some pretty basic guidelines that are very easy to understand.