Illegal Questions
by ResumeEdge.com - The Net's Premier Resume Writing and Editing Service
Employment laws that prohibit discrimination in the workplace apply to interviews as well. As a result, questions that probe race, national origin, sexual orientation, religion, age, marital status, family situation, or disabilities are illegitimate in an interview. However, many interviewers are not familiar enough with the law to know when they have passed into potentially discriminatory territory. A few interviewers ask illegal questions reasoning that they are protected by your desire to obtain the job. In either case, dealing with illicit questions is delicate. Know what can be asked, what cannot, and what to do if the interviewer asks anyway.
Forbidden Questions about 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 can allow you to voluntarily indicate your race on your application.
Forbidden Questions about 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 can legally work in the United States. For that reason, employers can ask whether you are eligible to work in the United States.
Suspect Questions about Age
The Age Discrimination in Employment Act of 1967 protects workers over 40 in private companies of twenty employees or more and government organizations.
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 these grounds unless age directly affects the job. An employer can rightfully inquire whether the candidate meets the minimum federal age requirements for employment (usually 14-17 years old).
Forbidden Questions about Religion
Examples: Do you go to church?
Are you religious?
What religion are you?
Do you take time off work for religious purposes?
Exceptions: Organizations that have a specific religious orientation might ask questions relevant to religious practices and beliefs.
