Dealing with Illegal Interview Questions
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More potentially illegal interview questions are listed below,
along with exceptions.
Illegal Interview Questions about Religion
Under the Civil
Rights Act, it is illegal for employers to discriminate on
the basis of religion.
Examples:
Do you go to church?
Are you religious?
What religion are you?
Do you take time off work for religious purposes?
Exceptions: Employers that have a specific religious orientation
might ask questions relevant to religious practices and beliefs.
Employers may also contact people and organizations affiliated
with your religious beliefs, if you submit them as references.
Illegal Interview Questions about Family Situation
Under the Civil
Rights Act and Pregnancy Discrimination Act, employers may
not discriminate on the basis of family situation, childbirth
or pregnancy.
Examples: Do you have small children?
Are you planning to have children soon?
What is your marital status?
What is your maiden name?
Are you pregnant?
Exceptions: Employers may inquire whether you have ever
worked under a different name or whether you have personal responsibilities
that could interfere with requirements of the job, like travel
or overtime hours.
Illegal Interview Questions about Sexual Orientation
and Political Affiliation
Presidential
Executive Order 11478, in concert with its amendment in Presidential
Executive Order 13087, prohibits sexual-orientation discrimination
and political-party discrimination in federal government employment.
Examples:
Are you straight or gay?
How do you feel about working with gay or bisexual people?
Who did you vote for in the last election?
Do you belong to a political party?
Exceptions: The executive order does not bind all employers,
but protections exist at least for federal civilian workers.
Illegal Interview Questions about Disabilities and
Health
Under the Americans with Disabilities Act and Rehabilitation
Act, employers may not discriminate on the basis of disability.
Examples:
Do you have any disabilities or medical conditions?
How serious is your disability?
Do you take any prescription drugs?
Have you ever been in rehab?
Have you ever been an alcoholic?
How many sick days did you take last year?
Do you have AIDS?
Have you been diagnosed with any mental illnesses?
Have you ever received worker's compensation or been on disability
leave?
Exceptions: Employers may ask whether you have any conditions
that would keep you from performing the specific tasks of the job
for which you are applying. They may also require that all candidates
for a certain position pass through a medical examination that
is relevant to the responsibilities of that job. Employers may
subject job candidates to drug
tests or ask if they take illegal drugs.
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Dealing with Illegal Interview Questions
provides general information only and is not intended as legal advice nor as
a substitute for legal advice. It is presented as is, with no warranty either
expressed or implied. Neither the author nor publisher are engaged in rendering
legal services. See an
employment
lawyer for legal advice. Should you act based on this information, you do
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