Steer clear of these 10 illegal job interview question
Although HR departments should be aware of questions that are illegal to ask
prospective employees, some hiring managers arent so savvy. Many illegal
questions are easy for just about anyone with elementary social graces to
avoid, but others might surprise you. In general, you should not ask
interviewees about their age, race, national origin, marital or parental
status, or disabilities.
Note that this list offers only some very broad guidelines and is not
exhaustive. Check with your companys HR department to see if your state or
locality, or even your company, has additional restrictions on what you may ask.
#1: Where were you born? This question might seem like small talk as you get to
know a person, but it could also be used to gather information illegally about
the candidates national origin. Although it may seem more relevant, you should
also avoid asking, Are you a U.S. citizen? You can ask whether a candidate is
authorized to work in the United States, but avoid asking about citizenship.
#2: What is your native language? Again, the problem is that this question
could be used to determine national origin. You can ask whether the person
knows a language if it is required for the job. For example, if job
responsibilities include supporting Spanish-speaking customers, its fair to
ask whether the candidate speaks Spanish.
#3: Are you married? Heres another question that would seem innocent in most
settings, but definitely not in a job interview. Because you cant discriminate
on the basis of marital status, this question is off limits.
#4: Do you have children? This might sound like small talk, too an innocent
question in most settings but not in a job interview. Its covered by a
general prohibition about discrimination over parental status.
#5: Do you plan to get pregnant? In the past, employers sometimes asked this
question to weed out women who might take a maternity leave. It has always been
rude coming from a casual acquaintance, and now its illegal as well.
#6: How old are you? Some companies used to avoid hiring older workers for a
variety of reasons, ranging from a fear of higher healthcare costs and absences
to a social bias in favor of youth. But age discrimination is clearly illegal,
and you should avoid this question. Dont try to get the information by asking
when the person graduated from college, either.
#7: Do you observe Yom Kippur? You cant discriminate on the basis of
religion, so this question is illegal, as would be asking about Good Friday,
Ramadan, or the Solstice. If youre concerned about the candidates
availability, you could ask whether he or she can work on holidays and
weekends, but not about the observance of particular religious holidays.
#8: Do you have a disability or chronic illness? This information is not
supposed to be used as a factor in hiring, so the questions are illegal. If the
job will require some specific physical tasks, such as installing cables in
walls and ceilings, you may ask whether the person could perform those tasks
with reasonable accommodation.
#9: Are you in the National Guard? Although some managers may find it
disruptive when employees leave for duty, its illegal to discriminate against
someone because he or she belongs to the National Guard or a reserve unit.
#10: Do you smoke or use alcohol? In general, you cant discriminate on the
basis of the use of a legal product when the employee is not on the premises
and not on the job.
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