Questions: When interviewing an individual over 60 for a job, it is legal for the interviewer to inquire about the person's medical history because age is not a disability and thus not protected by the ADA.

When interviewing an individual over 60 for a job, it is legal for the interviewer to inquire about the person's medical history because age is not a disability and thus not protected by the ADA.

Solution

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The answer is False.

Explanation:

  1. Legal Protections Under the ADA: The Americans with Disabilities Act (ADA) prohibits discrimination based on disability, and while age itself is not a disability, the ADA also has provisions that protect individuals from being asked about their medical history in a way that could lead to discrimination based on a disability.

  2. Age Discrimination in Employment Act (ADEA): Additionally, the Age Discrimination in Employment Act (ADEA) protects individuals who are 40 years of age or older from employment discrimination based on age. While the ADEA does not specifically address medical history, it does protect older workers from discriminatory practices.

  3. Medical Inquiries: Employers are generally restricted from making pre-employment inquiries about an applicant's medical history. Such questions can be seen as a way to discriminate against individuals with disabilities, which is prohibited under the ADA.

  4. Relevance to Job Performance: Employers can ask about an applicant's ability to perform specific job functions, but they must avoid questions that directly inquire about medical history or conditions unless it is directly relevant to the job and asked of all candidates.

In summary, it is not legal for an interviewer to inquire about a person's medical history during a job interview, regardless of the applicant's age, due to protections under the ADA and ADEA.

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