When interviewing a person for employment, is it legal to ask them about their mental health history?

When interviewing a person for employment, it is generally not legal to ask about their mental health history. This is primarily based on employment discrimination laws that aim to protect candidates from being treated unfairly on the basis of disability, which can include mental health conditions. Under the Americans with Disabilities Act (ADA), employers are prohibited from making inquiries about an individual's mental health history before making a job offer.

This approach helps to foster a more inclusive hiring environment where candidates are evaluated based on their qualifications and skills rather than their mental health. Invoking questions related to mental health during interviews can lead to biases and may dissuade individuals from revealing crucial aspects of their backgrounds that are not relevant to their job performance.

While there may be specific scenarios or additional considerations depending on state laws or certain job requirements, the general rule protects applicants from discrimination based on mental health status. Therefore, it is crucial for employers to focus on job-relevant questions and qualifications when conducting interviews.