Nathaniel M. Glasser, a Member of the Firm in the Employment, Labor, and Workforce Management practice, in the firm’s Washington, DC, office, was quoted in Law360, in “5 Questions Employers Should Never Ask in Job Interviews,” by Aaron Vehling. (Read the full version – subscription required.)
Following is an excerpt:
"Do You Have Any Disabilities We Should Know About?"
… The interviewer asked about gaps the applicant had in her resume, and she explained she was recovering from a traumatic accident during the gap in question. The interviewer mentioned they had the same accident, and the two had a short conversation about it, Glasser said.
It seemed the interviewer was just sympathizing with the prospective employee, but when the woman didn’t get the job, she complained to the employer that she was inappropriately asked about her medical condition, according to Glasser.
"The interviewer was clearly only expressing empathy and connecting with the applicant," he said, "but that can be misinterpreted by the applicant."
