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What is an
illegal Question?
Illegal interview questions
refer to those questions
asked during an interview
that may be used to discriminate
against an interviewee. It
is important to be aware of
what questions are illegal
before you start an
interview.
In
most cases, personal
questions not related
to job performance can be
illegal interview questions,
as they can be used to
discriminate on the basis of
a person’s age, place of
origin, birth place, etc.
If
a candidate does not answer
any illegal interview
questions, you should not
hold it against him, because
it is his right.
And
remember: The
act of asking these
questions is not illegal. But
to reject someone on the
basis of the answers
provided is illegal. It
could expose you to a
possible law suit if the
applicant is rejected and
feels that it was due to
that issue.
Personal
Questions
- Relatives
Marital Status
Example:
- Unlawful
Inquiries: Whether
the applicant is
married, divorced,
separated, engaged,
widowed, etc. "What
is your marital
status?", if over
18 "What is the
name of
relative/spouse/children?",
"With whom do you
reside?", "Do
you live with your
parents?",
"How old are your
children?"
- Lawful
Inquiries:
"What are the names
of relatives already
employed by the company
or a competitor?",
other than that specific
question, NONE.
-
- Pregnancy
Example:
- Unlawful
Inquiries: All
questions relating to
pregnancy and medical
history concerning
pregnancy. "Do you
plan on having more
children?"
- Lawful
Inquiries: Inquiries
to a duration of stay on
a job or anticipated
absences which are made
to males and females
alike. "Do you
foresee any long term
absences in the
future?"
-
- Residence
Example:
- Unlawful
Inquiries: Names or
relationship of persons
with whom applicant
resides. Whether
applicant owns or rents
a home. "Do you
live in town?"
- Lawful
Inquiries: Inquiries
about address to the
extent needed to
facilitate contacting
the applicant. (A post
office box is a valid
address.) "Will you
have problems getting to
work at 9am?" is
also legal.
-
- Physical
Health
Example:
- Unlawful
Inquiries: Over
general questions
("Do you have any
handicaps?") which
would tend to divulge
handicaps or health
conditions which do not
relate reasonably to
fitness to perform the
job. "What caused
your handicap?",
"What is the
prognosis of your
handicap?", Have
you ever had any serious
illness?", "Do
you have any physical
disabilities?"
- Lawful
Inquiries: "Can
you lift 40 lbs?",
"Do you need any
special accommodations
to perform the job
you've applied
for?", "How
many days did you miss
from work (or school) in
the past year?" The
questions have to relate
to the job.
-
- Family
Example:
- Unlawful
Inquiries: Questions
concerning spouse, or
spouse's employment,
salary, child care,
arrangements, or
dependents. "How
will your husband feel
about the amount of time
you will be travelling
if you get this
job?", "What
kind of childcare
arrangements have you
made?"
- Lawful
Inquiries: Whether
applicant can meet
specified work schedules
or has activities or
commitments that may
prevent him or her from
meeting attendance
requirements. "Can
you work
overtime?",
"Is there any
reason why you can't be
on the job at 7:30
am?"
-
- Sex
Example:
- Unlawful
Inquiries: Any
inquiry. "Do you
wish to be addressed as
Mr., Mrs., Miss, or
Ms.?" or ANY
inquiry as to sex such
as "Do you have the
capacity to
reproduce?",
"What are your
plans to have children
in the future?"
- Lawful
Inquiries: None
-
- Education
Example:
- Unlawful
Inquiries: Any
question asking
specifically the
nationality, racial or
religious affiliation of
a school.
- Lawful
Inquiries: All
questions related to
academic, vocational or
professional education
of an applicant,
including the names of
the schools attended,
degrees/diplomas
received, dates of
graduation and courses
of study.
- Arrests
& Convictions
Example:
- Unlawful
Inquiries: All
inquiries relating to
arrests. "Have you
ever been
arrested?" (Note:
Arrests are NOT the same
as convictions. An
innocent person can be
arrested, remember.)
- Lawful
Inquiries: None
relating to arrests.
Legal inquiries about
convictions are:
"Have you ever been
convicted of any crime?
If so, when, where and
disposition of case.
"Have you ever been
convicted under criminal
law within the past five
years (excluding minor
traffic
violations)?" It is
permissible to inquire
about convictions for
acts of dishonesty or
breach of trust. These
relate to fitness to
perform the particular
job being applied for,
as stipulated by FDIC
requirements.
Birthplace
and religion
Let’s
now look at some illegal
interview questions.
Inquiries into a person’s
birthplace are illegal. Also
asking a person’s
religious affiliation is
illegal, or asking about
religious customs and
ceremonies.
Example:
- Unlawful
Inquiries: Any
question that directly
or INDIRECTLY relates to
a religion. "What
religious holidays to
you observe?",
"What is your
religious
affiliation?"
- Lawful
Inquiries: None
except "Can you
work on
Saturdays?", and
that only if it relevant
to the job.
- Disability
If
an individual’s disability
does not hinder job
performance, it is not
permissible to dismiss the
person for that reason.
- Age...height
or weight
It
is illegal to ask for age,
but it is ok to ask for a
confirmation of age after
hiring. Illegal interview
questions include asking
about a person’s height or
weight. However you can ask
if a person is able to lift
a certain amount of weight
necessary for job
performance.
Example:
- Unlawful
Inquiries: Any
questions that tends to
identify applicants age
40 or older.
- Lawful
Inquiries: "Are
you 18 years of
age?", "If
hired, can you furnish
proof of age?"
-
Race or color
Asking
about a person’s race or
color is also illegal.
Exceptions hold for
employment records for an
equal opportunity employer
and for affricative action
status, after hiring.
Example:
- Unlawful
Inquiries: Any
question that directly
OR INDIRECTLY relates to
a race or color.
- Lawful
Inquiries: None
-
- Citizenship
Example:
- Unlawful
Inquiries: Whether
an applicant is a
citizen. Requiring a
birth certificate,
naturalization or
baptismal certificate.
Any inquiry into
citizenship would tend
to divulge applicant's
lineage, descent, etc.
- "Are
you a citizen of the
US?"
- "Are
your parents or
spouse citizens of
the US?"
- "On
what dates did you ,
your parents or your
spouse acquire US
Citizenship?"
- "Are
you, your parents or
your spouse
naturalized or
native-born US
citizens?"
- Lawful
Inquiries: Whether
applicant is prevented
from lawfully employed
in this country because
of visa or immigration
requirements. Whether
applicant can provide
proof of citizenship
(passport), visa, alien
registration number
after hiring. "If
you are not a US
citizen, do you have the
legal right to remain
permanently in the
US?", "What is
your visa status (if no
to the previous
question.)", Are
you able to provide
proof of employment
eligibility upon
hire?"
-
- National
Origin/Ancestry
Example:
- Unlawful
Inquiries:
Everything. "What
is your
nationality?",
"How did you
acquire the ability to
speak, read or write a
foreign language?",
"How did you
acquire familiarity with
a foreign
country?",
"What language is
spoken in your
home?", "What
is your mother
tongue?"
- Lawful
Inquiries:
"What languages do
you speak, read or write
fluently". This is
only legal when the
inquiry is based on a
job requirement.
- And
remember this.....
The
questions do not necessarily
have to be asked in a direct
fashion to be illegal
interview questions.
Some
questions may be illegal
based on the reason they
were asked.
For
example it is legal to ask
if the applicant is fluent
in another language if it is
relevant to the job.
However
it should not be asked if it
is not relevant to the job
and is used to gain
information about a
person’s nationality or
place of birth.
Avoiding
illegal interview questions
avoid the chances of a
candidate being
discriminated against. Also
it can save you from
possible law suits.
This
article applies to the USA.
Most countries now hold
similar laws but check for
further details
If
unsure, always seek
professional legal advice
This
is just a guide and not
intended as legal advice.
Neither the author nor
publisher are engaged in
rendering legal services.
Please see an attorney for
legal advice. Because laws
vary by state and are
subject to change at the
Federal level, neither the
author nor publisher
guarantees the accuracy of
this information. Should you
act based on this
information, you do so at
your sole risk. Neither the
author nor publisher shall
have any liability arising
from your decision to act on
this information.
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