Illegal Job Interview Questions: Here's what you should know.
A job interview can cause even the most polished candidate to be nervous and uncomfortable. The hiring manager hosts the conversation and functions as the moderator for the questions. It is the hiring manager or recruiter’s responsibility to gather as much information as possible regarding the candidate in order to ascertain whether they indeed possess the attributes the company is seeking. All of this “intelligence” gathering must be achieved in a finite time frame, so the questions may be flying faster than a candidate would like. Don’t be intimidated and give away information that is unnecessary! Be aware of what questions are illegal and which are allowed.
The Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex and national origin. When a job candidate is asked illegal job interview questions, the information they relay can be used to discriminate against them. Asking such questions may innocently be the result of unconscious bias rearing its ugly head on the part of the hiring manager. Other instances may indeed be purposeful by the questioner. In either case, these questions are a real “no-no”!
Betterteam.com states, “Asking questions on these topics can result in charges of discrimination or investigation by the U.S. Equal Employment Opportunity Commission (EEOC), and potentially a lawsuit if the issue cannot be resolved.” No organization wants this type of lawsuit with the resultant bad press as well as possible financial consequences. Hopefully, the hiring manager questioning the candidate has been educated and is aware of what is permissible. Companies spend massive financial resources training managers and recruiters as to what can and can’t be legally asked, as well as how to phrase the questions. Companies seek answers from candidates and it is indeed a very delicate balancing act in how to ask legal questions in order to achieve the information desired.
Below is a general list of categories. Interview questions cannot be asked regarding the following topics:
Race, color or national origin
Sex, gender identity or sexual orientation
Pregnancy status
Disabilities
Age or genetic information
Citizenship
Marital status or number of children
Regarding citizenship, it is OK to ask, “Are you legally eligible to work in the United States?” The manager may also ask, “If hired, can you provide proof of citizenship/visa/alien registration?” Also legal is, “Can you speak, read, and write in English?”
There are job candidates who may have an arrest record. Candidates cannot be asked about their arrest record, but can be asked if they have ever been convicted of a crime. Depending on the position being applied for, there may also be a background check. This will reveal a criminal conviction, so it’s important to never lie about it. Depending on the state and the job involved, a conviction may not automatically disqualify or prohibit you from receiving a job offer. Some jobs prohibit employees with convictions that directly affect the job being applied for. For example, a convicted rapist will not be allowed to work at a school or around children.
Job candidates have three choices if asked illegal interview questions:
Answer the question. Does the candidate believes the interviewer was naively asking the illegal question without any ill intent? Were they just trying to be friendly? Did the question simply slip out during the “small-talk” portion as introductions were being made and all participants were being seated? It is important to always consider an interviewer’s intent before choosing to answer an illegal question.
Avoid the question. Let’s say the interviewer inquires about your children. They may be attempting to determine whether your family responsibilities will keep you from business travel or irregular, perhaps late work hours. Instead of answering this type of question directly, assure the hiring manager that your personal life won’t interfere with any professional responsibilities. Avoiding the question and redirecting it will politely alert the interviewer that they are treading on thin ice.
Reverse the question. If you feel the question is totally off base and inappropriate, take a moment then ask the interviewer how the question relates to the position you are applying for. This will definitely catch the interviewer off-guard, letting them know that they have crossed the line into the inappropriate/illegal zone. You can refuse to answer the question or if the question is so egregious, you can terminate the interview and excuse yourself. Granted, it would be difficult and awkward to terminate the interview especially if this was a highly desired job. On the other hand, do you really want to work for someone who has unmasked a bias? It’s all about your comfort level.
Even the most hardened, seasoned, well-trained hiring managers and recruiters can accidentally ask illegal questions. It is a fine, high-wire act when trying to get to know a candidate in such a short timeframe. Small-talk can be tricky. Sometimes, these illegal questions can pop out before the hiring manager even realizes it. Although accidents can happen, this should not occur. Interview questions should always relate to the responsibilities and skills of the job that is being applied for. That’s it!
P.S. I offer a completely free 30 minute introductory job interview coaching session. Contact me today to prepare for your tomorrow!