Not that I’m aware of. However, I’ve never been asked about union sympathies across all the interviews I’ve performed, even at aggressively anti-union companies like Aldi, which points to it violating the NLRA. The NLRA is intentionally broad, I’d have to actually comb through section 8 to see if it truly applies to prospects.
I think the reason that the board chose to focus on employee vs prospective hire is because they’re trying to predict the most common scenarios of violations.
Or they might be betting that the vast majority of people applying for their jobs in 2026 have barely even thought about unions, and so mentioning it would be a net negative as it would put it on their radar.
While that very well could be, I’d like to present another anecdote that continues to point to it being against the law. While I was interviewing for my current job at a fairly anti-union company, they were aware that I had already formed a union, the supposed “reason” I was fired from that job, and that I have an ongoing ULP for NLRA discrimination. The only thing they asked me about that situation was if I could maintain professional conduct (which has to do with why I was fired)
Same I. Denmark. That said it’s very common for the employee to ask about it, because it’s vital information when it comes to working conditions (both good and bad). It can be quite limiting some times.
Fun fact: When asked an illegal question in such a situation (also landlords, …), it’s legal to lie (here in Germany, don’t know about laws in other countries) because saying “I don’t want to answer” would be too obvious. That said, I’m not 100% sure this very question is also illegal in Germany but I would guess so
Same in Denmark. Pretty much goes without saying you as a worker would support unions (or at least should, because our tripart system doesn’t work without them).
This question in job interview would be illegal in Finland, as it should be.
It’s also likely illegal in the US per the NLRA:
Hmm, but a prospective hire in an interview is not an employee (yet). Is there any similar regulation covering interviews?
Or way to enforce those laws,because thats not what law is for?
Not that I’m aware of. However, I’ve never been asked about union sympathies across all the interviews I’ve performed, even at aggressively anti-union companies like Aldi, which points to it violating the NLRA. The NLRA is intentionally broad, I’d have to actually comb through section 8 to see if it truly applies to prospects.
I think the reason that the board chose to focus on employee vs prospective hire is because they’re trying to predict the most common scenarios of violations.
Or they might be betting that the vast majority of people applying for their jobs in 2026 have barely even thought about unions, and so mentioning it would be a net negative as it would put it on their radar.
While that very well could be, I’d like to present another anecdote that continues to point to it being against the law. While I was interviewing for my current job at a fairly anti-union company, they were aware that I had already formed a union, the supposed “reason” I was fired from that job, and that I have an ongoing ULP for NLRA discrimination. The only thing they asked me about that situation was if I could maintain professional conduct (which has to do with why I was fired)
Same I. Denmark. That said it’s very common for the employee to ask about it, because it’s vital information when it comes to working conditions (both good and bad). It can be quite limiting some times.
Fun fact: When asked an illegal question in such a situation (also landlords, …), it’s legal to lie (here in Germany, don’t know about laws in other countries) because saying “I don’t want to answer” would be too obvious. That said, I’m not 100% sure this very question is also illegal in Germany but I would guess so
i can’t imagine it ever being illegal to lie. but in the US they’ll just fire you for any other reason.
Same in Denmark. Pretty much goes without saying you as a worker would support unions (or at least should, because our tripart system doesn’t work without them).