Your associate somehow thinks that when he is in a venue that includes silverware and a menu, he can order whatever he wants and therefore ask whatever he wants. He is literally and figuratively out to lunch on this one.
All pre-employment questions should have continued to be job related. With this approach, an employer is able to remain within all pre-employment guidelines, while still learning a great deal about the suitability of an applicant for the company. A person's work history will give you great insight into his or her motivations, energy level, persistence, work style, and expertise. With the addition of some work sample questions, you can have a great discussion that sheds even more light on the applicant.
It is important to remember that applicants are interviewing employers during the pre-employment process. The fact that your applicant appeared to be "shocked" by the line of questions also means that it would not be shocking to find that he is now off the menu.
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