Dealing with Illegal Interview Questions
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Employment laws that prohibit discrimination in
the workplace apply to the job
hiring process as well, such as the interview phase. As a result,
interview questions that probe race, gender, national origin, sexual
orientation, religion, age, marital status, family situation or
disabilities, are potentially evidence of illegal discrimination.
Many interviewers are not familiar enough with the law to know
when they have asked questions that risk discrimination charges.
However, some will knowingly ask so-called illegal interview questions,
while reasoning that they are protected by a job candidate's desire
to land a job.
In either case, answering and otherwise dealing with illegal interview
questions is delicate. The remainder of this article helps you
to know what your interviewer may ask, what he or she shouldn't
ask, and what to do if he or she asks anyway.
Illegal Interview Questions about Race
It is illegal under the Civil
Rights Act for employers to discriminate on the basis of
race.
Examples:
What is your skin color?
What is your race?
Is your spouse Caucasian/Hispanic/African American/Asian, etc?
Exceptions: There are no fair questions about race in
an interview or application, but an employer may ask you to voluntarily
indicate your race for affirmative
action programs.
Illegal Interview Questions about National Origin
It is also illegal under the Civil
Rights Act for employers to discriminate on the basis of
national origin.
Examples:
You sound like you have an accent; where are you from?
Where were you born?
Are you an American citizen?
Exceptions: Employers are required to hire only those
employees who may legally work in the United States. For that reason,
employers may ask if you are eligible to work in the United States.
Illegal Interview Questions about Age
The Age Discrimination in Employment Act of 1967 protects workers
over age 40 from age
discrimination.
Examples:
When were you born?
When did you graduate from high school?
How old are you?
Exceptions: The act does not prohibit interviewers from
posing questions about age, but does prohibit discrimination on
the basis of age, unless age directly affects the job. For example,
an employer may rightfully inquire whether or not a job candidate
meets the minimum
federal age requirement for employment under child-labor law.
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