Illegal Interview Questions and Answers
From Adviceopedia
When interviewing candidates for jobs, it's important to have a solid working understanding of illegal interview questions and answers. Interviewers must be very careful to avoid asking any questions in job interviews that could lead to the possibility of making discriminatory hiring decisions.
What are Title VII Considerations?
To understand what is and is not an illegal question, it's important to have a basic understanding of Title VII of the Civil Rights Act of 1964. To avoid violating this law when it comes to hiring practices, employers should refrain from asking any questions that would identify particular characteristics of individuals that would identify them as being members of a protected class as defined by this law.
Under Title VII, it illegal for employers to discriminate against applicants or employees of the basis of the following characteristics:
- Age
- Color
- National Origin
- Race
- Religion
- Sex
How does the Americans with Disabilities Act (ADA) Impact Interviewing?
The ADA makes it illegal for employers to discriminate against employees with disabilities, assuming they are qualified for the position. If a qualified applicant or employee is able to perform the essential functions of a particular job with reasonable accommodations, the law states that the employer is responsible for making such accommodations if doing so does not place an undue hardship on the organization.
What are the Legal Concerns?
In addition to those characteristics defined as 'protected under Title VII, which is a federal law, some states classify additional characteristics as non-discrimination issues. Each state must comply with federal law, but it is perfectly acceptable for states to pass laws that are more stringent than those mandated by the federal government.
To be sure you are avoiding putting yourself at risk of discriminatory hiring practice charges, it's a good idea to avoid asking questions about troublesome areas not covered by the specific federal regulation. For example, employers should not ask questions related to:
- Marital Status
- Number of Children
- Sexual Orientation
- Veteran’s Status
Can you Provide some Examples of Illegal Interview Questions and Answers?
Are you married? What is your maiden name? What was your maiden name?
These types of questions address the issue of an individual's marital status. An employer cannot make a decision to hire (or not hire) an individual based on whether or not he or she is married. Even though Title VII doesn’t specifically name marital status as a protected class, these types of questions can easily be viewed as discriminatory.
What can you ask? Ask the applicant if there is any reason that he or she will not be able to work the hours demanded by the position. This is information you actually need to know as an employer. Whether or not a person has a spouse is of no relevance and can get you in legal hot water.
Where were you born? What language did you speak at home growing up? Is English your first language?
It is illegal under federal law for employers to discriminate based on national origin. An employer who asks these types of questions in an interview is opening him or herself up to claims of discriminatory hiring practices, whether or not the information is actually used to make a hiring decision.
What should you ask? As an employer, you are responsible for making sure everyone you hire has the legal right to work in the United States, and that is the only questions you should ask related to this issue.
Do you have physical or mental disabilities? Do you take any medications on a regular basis? Have you been hospitalized recently?
Unless you want to find yourself on the wrong side of a disability discrimination claim, you should never ask these types of questions in a job interview. It is none of an employer's business whether or not an employee takes anti-depressants, allergy pills, or anything else.
What is acceptable? As an employer, you have a right to ask questions that are tied to applicant's abilities to perform the essential functions of the job. There is a big difference between asking a person if he or she can lift 50 pounds and inquiring about the existence of any health condition or disability.
Where do you go to church? Does working on weekends conflict with your religion? Do you believe in God?
Religion is a protected class under Title VII legislation. Asking questions about religion in the interviewing process is assumed discriminatory in virtually every situation. The only exception would be if you were hiring an individual for a job in which membership in a particular faith is essential for the job. For example, religion teachers in Catholic schools have to be Catholic. For the vast majority of jobs, there is no legitimate reason to inquire about religion.
But I need to know if applicants can work on Sunday, so what can I ask? If you need to know whether or not an applicant can work on Sundays, that is exactly what you need to ask. Simply state, "This job requires a schedule of 9 am - 6 pm Tuesday through Sunday. Is there any reason you cannot work this schedule?" You have gotten the information you need without broaching the subject of religion.
What are the Safe Interviewing Practices?: Avoid Illegal Interview Questions and Answers
These are only a few of the many questions that can get employers in trouble during the interviewing process. If your job involves interviewing prospective employees, you must learn the characteristics against which discrimination is illegal and avoid asking questions that will encourage applicants to share such details with you.
