“I don’t have that much interest in having a sexual experience with another person.”
“I believe in things many others don’t—like having a ‘sixth sense,’ clairvoyance, and telepathy.
“As an adolescent, I had bizarre fantasies or preoccupations.”
Those are among the odd and inappropriate questions that applicants seeking to work for RFK Jr.’s Department of Health and Human Services must answer as part of the application process. They also appear to be taken from the criteria for a schizotypal personality disorder and narcissistic personality disorder in the Diagnostic and Statistical Manual of Mental Disorders, 5th Edition.
They are also a big legal no-no.
The Americans with Disabilities Act prohibits pre-employment medical examinations and disability-related inquiries before a conditional job offer is made. Personality tests that are designed to identify mental disorders or impairments may be considered medical examinations under the ADA. For instance, in Karraker v. Rent-A-Center, the 7th Circuit held that requiring employees to take a psychological test designed to reveal mental illness violated the ADA.
Legal or illegal, these questions also constitute a huge invasion of privacy. Applicants may perceive questions probing deeply personal issues (such as those about sexual experiences) as intrusive, causing discomfort and distrust.
Your job application process should never feel like therapy, a psychic evaluation, or an overshare at happy hour. Whether it’s illegal under the ADA or just wildly inappropriate, the message to candidates is clear: “Your ‘profile’ is more important than your talent.” Good luck building a team on that foundation.
