Common Interview Questions That Are Actually Illegal
Have you ever had a job interview where you wondered why in the world the prospective employer was asking certain questions that you thought were strange? If you thought they were out of place or unrelated, then you were probably right. There are questions and topics that shouldn’t be brought up during an interview. As a matter of fact, federal law prohibits an employer from asking questions that are not relevant to the job. All questions should be related to the job and not used to gather personal information.
Here are some common examples of interview questions that are actually illegal:
- What is your ethnicity?
- What is your sexual orientation?
- What is your religion?
- Do you attend church services regularly?
- Where were you born?
- How old are you?
- Do you have any disabilities?
- Are you married?
- Do you have children?
All of these questions have nothing to do with the job. The employer may ask if you have adequate transportation to get back and forth to work, but that is relevant to the job. It is relevant because your job depends on you being able to be there. The employer wants to make sure you can fulfil your obligation each day.
As for whether or not you have children, or married, those questions are not relevant to the job. Revealing you marriage status will also reveal your sexual orientation which is illegal for an employer to inquire about. Interviewers may inquire about children to know how committed you are to the job, but this is unlawful. Instead, they can ask you about general availability and what hours you can work.
An employer is not authorized to discriminate against you for anything at all. Many good candidates could be passed up due to discrimination. Everyone is to have an equal chance at getting the job regardless of their personal circumstances.
Unfortunately, there are still employers asking these questions, and they are getting by with it. They have been known to ask questions such as, “Will your children get in the way of your job responsibilities?” They may even ask, “Do you have adequate childcare so that you can carry out your job duties?” These questions are not needed.
Also, an employer may ask a question, such as “Are you physically capable of carrying out the job duties?” This is a viable question for the fact that some jobs require heavy lifting or have other physical demands. If a person is not able to carry out those physical requirements, then they may find that performing their job is tough. If someone says they can fulfil the physical demands, but they don’t, then they could lose their job. This question cannot be considered as a “disability” question.
If you find that you are being asked illegal questions in a job interview, you may be a doing yourself a favor to turn down a job offer. If they want to know the reasons why you are declining, there is nothing wrong with telling them that their questions were too personal.
If you feel unsure about the legal circumstances of your interview and an interviewer’s motives, contact us.
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