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Handling Inappropriate Questions & The Law
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Most interviewers are very aware and sensitive in their interviewing techniques. At times, however, candidates are caught unaware by sensitive or potentially discriminatory questions that occur during the interview. Simply asking a question is not illegal. It is the use to which the answer is put that may involve illegality.
Interviewers cannot discriminate on the basis of: gender, race, age, religion, height, weight, citizenship, nepotism, marital status, number of children, provision of child care, economic status, language skills, educational background, arrest record, discharge from military service or availability to work weekends and holidays.
A WORD ABOUT THE LAW
Under federal law, any question may be asked, provided it is asked of all interviewees, and is related to a documented qualification for the job. State laws are more specific. These are known as fair employment practice laws and forbid employment bias. Additionally, different agencies, companies or organizations may have a non-discriminatory statement in their hiring policy. For more information, consult with the US Department of Labor or the Equal Employment Opportunity Commission.
Examples of inappropriate questions include:
“Are you married?…Single?…Divorced?”
“Are you planning to have children?”
“Oh, you have a son/daughter?…How old is he/she?”
“What type of child care will you use?”
“Do you attend religious services?”
“Of what country are you a citizen?”
“Have you ever been arrested?”
[The employers can ask if you have been convicted.]
“Do you have any physical disabilities?”
[The employers may legitimately ask if you have any physical, mental or medical conditions which limits your ability to perform on the job.]
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