Congratulations on the interview call. You’re almost there. But before you sit across the table or pick the phone to talk to your potential employer, learn to recognize questions that could be illegal.
(Photo Credit: Mike Licht/Flickr)
Federal and state laws prohibit prospective employers from asking questions around any of the following categories:
- Age
- Race/Color/National Origin
- Credit rating or Economic Status
- Religious Affiliation or Beliefs
- Citizenship
- Sex
- Arrest and Conviction
- Disability
- Height and Weight
- Military Discharge Status
The following sample questions and a brief analysis will help you identify illegal interview questions.
1. “When did you graduate from high school?”
The Age Discrimination in Employment Act (ADEA) protects people over the age of 40, and who work in companies with more than 20 employees, from employment discrimination. Employers may specify an age limit for a position only in rare cases where it can be proven that age is a Bona Fide Occupational Qualification (BFOQ).
In all other cases, an interviewer may not ask questions from which your age may easily be determined. Individuals under age 40 aren’t covered by the ADEA, but many states do offer protection.
2. “What is the nationality of your parents?”
Employers cannot ask questions to establish your race or national origin. Unless where it is BFOQ, like in a modeling role, you cannot be asked to submit photographs with the application form either.
3. “Do you live in your own or a rented house?”
Questions to verify the financial status of the applicant viz: property ownership, credit rating, bank accounts etc. are not acceptable, unless it is job related.
4. “Would you be able to work on (a religious holiday)?”
Unless they are a religious corporation, association, educational institution, or society, an employer cannot ask you about your religious affiliation or beliefs.
5. “Are you native born or naturalized?”
Before making an offer of employment, questions on citizenship are not appropriate. If the intent is to find out if you are authorized to work here in the US, then that is the question you need to answer — that you do or do not have a work permit.
6. “Is your spouse employed?”
Employers cannot ask questions around sexual identity, marital status, pregnancy, number and age of children, intent of having children in the future, employment status of spouse and name of spouse.
However, if the intent is to understand if the applicant has commitments or responsibilities that may interfere with the duties on the job, then that is a fair question.
7. “Have you ever been arrested?”
Asking for conviction details is OK for “security sensitive” jobs. Requesting arrest records is not. (The fact that an individual was arrested is not proof that he engaged in criminal conduct.) However, several states’ laws limit employers’ use of arrest and conviction records to make employment decisions. If you have questions about these kinds of laws, you should contact your state fair employment agency for more information.
8. “Do you have any disabilities?”
Employers cannot ask disability-related questions or require medical examinations until after a conditional job offer is given. They may however ask if you will need an accommodation to perform a specific job duty, and if the answer is yes, the employer may then ask what the accommodation would be.
9. “What is your height?” Or “What is your weight?”
You don’t have to answer questions related to your height and weight unless it is a BFAQ. Many states have laws specifically prohibiting discrimination on the basis of height and weight unless based on actual job responsibilities.
10. “What is your military discharge status?”
Because discharge status could be for various reasons, even in the categories above, questions around your military discharge status are illegal and can be considered grounds for discrimination.
In summary, under the laws enforced by the U.S. Equal Employment Opportunity Commission, EEOC, it is illegal to discriminate against someone (applicant or employee) because of their race, color, religion, sex (including pregnancy), national origin, age, military status, or disability. However, as the interviewee, it is up to you to gauge the intent behind the questions and answer accordingly. You could also choose not to answer. In addition, recognize that if you strongly believe that you have been discriminated against by an employer, labor union or employment agency when applying for a job, you may file a charge of discrimination with the EEOC.
Tell Us What You Think
Have you ever faced any inappropriate or illegal questions during a job interview? Leave a comment or join the discussion on Twitter.
I recently interviewed for a management position. In the middle of the interview I was asked if I had ever served in the military. Out of the blue. Didn’t think much about it until I was informed that they were going with a different applicant. You wouldn’t think this is out of the ordinary but here’s the kicker. My manager is former military as is his peer. Also their boss is former military. Also his boss is current military and… Read more »
I went for a job interview in December 2016 with a gentlemen. 80% of the interviews were discriminatory in nature. He asked about my marital status, if I had kids, my parents occupation, when I came to CANADA and my national origin was brought up throughout the interview. The employer did an investigation which was not impartial and objective. They found no evidence that I was discriminated against during the job interview; however they acknowledged interview questions asked did not… Read more »
To I was asked a bunch of illegal question on an interview.
1. How old were my children.
What college they went to.
Where they were working.
2. If I was married.
3.Where did my spouse work?. What were his hours?.
I was caught so off guard I answered the question.
I was offered the position . I’m not taking the position .i would like to file a complaint agains this company.
I recently had a potential employer (who was a black woman) if I had ever worked for an African American before. I was quite taken by surprise by such a question, and didn’t quite know how to respond. I think this was an illegal question, because since I happen to be caucasian, I highly doubt if she would have asked the same question to an African American job candidate.
Know your employment rights! Although equal-opportunity employment laws mean some job interview questions are prohibited from being asked in an interview, you may still face such questions. Here’s how you can properly identify and respond to illegal job interview questions!
http://resumewriterdirect.com/blogs/job-search-advice/20735489-employment-rights-prohibited-job-interview-questions
Laws are one thing. Enforcement of those laws are another. Unfortunately there are a lot of violations going on everyday, but it is very difficult to prove they are being violated. An employer can come up with several reasons for terminating you. To Stephanie. Technically, if you were working for a staffing agency the people you say fired you for your appointment did not fire you – the staffing firm fired you. Add to that, you are probably working under… Read more »
Are these comments illegal? 1) You need to find an older, more mature man. 2) You need to step up your game? 3) You need to do something extra instead of just standing there looking good waiting to put parts on the line. I was fired and the reason was: I didn’t give them a weeks notice about a doctor’s appointment. The week before, I had one scheduled after the work day but due to circumstances and no response from… Read more »
Thanks for this list. I’ve seen plenty of employers asking these kinds of questions on their jobs portals. Graduation dates have been required fields in some portals I’ve used, and I’ve recently come across portals that expressly ask if you’re disabled, and they give you a menu of disabilities to choose from, then also ask if you need a reasonable accomodation. These are not small mom and pop shops operating this way; these are multinationals that know better, or ought… Read more »
I went to an interview for Kash Chandani, CPA of Thousand Oaks. He is former IRS retired and I am also a US former of another agency, USPS. I had an obstruction caused by another local gov employee with USPS and was forced to resign and am a former GS1 to avoid AWOL as I as being legally threatened and coerced. My federal work record is unscathed as far as I know. I would have possibly qualified for GSE status… Read more »
Hi, My name is Richards and i just want to share my experience with everyone. I have being hearing about this blank ATM card for a while and i never really paid any interest to it because of my doubts. Until one day i discovered a hacking guy called Wayne. he is really good at what he is doing. Back to the point, I inquired about The Blank ATM Card. If it works or even Exist. They told me Yes… Read more »