Prospective employers are prohibited from asking specific questions unrelated to the job during the interview. The hiring manager may be ignorant of the law, so discrimination is not intentional, still, a prospective employee’s rights have been denied. In order to prevent state and federal penalties a few of the discriminatory topics are listed so that they can be properly handled:
Illegal Interview Questions include asking a potential employee to fill out a medical questionnaire or to ask questions specifically related to the person’s health. For example, “Does anyone in your family have a chronic disease?”.
Personal Inquiries
Height and weight inquiries are invariably Illegal Interview Questions unless the job calls for the information as a requirement to do the job. Such inquiries screen out a large number of women and minorities. If the employer cannot show that the information is necessary for job performance, the questions should be dropped. Instead of asking about the weight and height of the prospective employee, the hiring manager could ask, “The job requires that you are able to lift a 50-pound box and carry it 50 feet. Can you do that?”
Citizenship or National Origin
Nationality or citizenship inquiries imply discrimination hinging on national origin and are Illegal Interview Questions. This is to protect a legally-immigrated foreigner. However, employers are required to establish the right to work and the legal status of all new employees as per the Immigration Reform and Control Act of 1986. An employer, in order to comply with verification requirements, must require all new employees to produce documentation of both work authorization and identity. Instead of asking an illegal question, such as, “Where were you born?” Or “Are you an American citizen?” Ask, “Are you authorized to work in the US?” Before the interview, you should prepare by writing a list of interview questions to ask the hiring manager yourself.
Military Service
To establish qualification for any veteran’s choices required by law, inquiries relevant to training obtained in the military or experience are legal. Otherwise, it is illegal to discriminate against a member of the armed forces, National Guard, state defense force or Federal Reserve unit. Illegal Interview Questions include asking about the type of discharge the person received. However, some questions are legal such as, “What branch of the Military did you serve in?” Or “What sort of education or training did you obtain while in the military?”
Disabilities
A potential employee’s ability to do certain jobs can legally be determined by conducting tests of all applicants. The employer may want to ascertain that specific job performance can be carried out with or without a modification. Inquiries are illegal if a potential employee’s health, disability or worker’s compensation history is based on, or an implied boundary-based constraint. Researching the company beforehand allows you to learn of any mandatory job skills that will be required.
Illegal Interview Questions include asking a potential employee to fill out a medical questionnaire or to ask questions specifically related to the person’s health. For example, “Do you have a disability?” “When did you last see your family physician?” “Does anyone in your family have a chronic disease?” Or “How long have you been blind/ deaf/ disabled?”
Questions relating to the person’s ability to perform the job may be asked after thoroughly describing the job, such as “Will you be able to safely carry out all the functions of this position?” “Will you be able to lift 50-pounds of weight and carry it 50 yards, since it is a requirement of this job position?” And “Will you be able to carry out the requirements of this job with or without excessive arrangements?”
Arrest Record
Those who evaluate arrest or conviction record data must be well-informed as to how such information may be used. Illegal Interview Questions include old arrest records, but not inquiries about recent arrests, especially if the offense is greatly related to the job. In that case, an employer can put off hiring the individual until the case is settled, ask the applicant to reapply after the case is settled or refuse to employ the person. Moreover, a current employee may be suspended if the accusation and arrest are significantly related to the job.
If an inquiry about an arrest and conviction is necessary, the employer should clarify that the conviction may not bar the individual from employment, but it will be regarded exclusively as it relates to the position he or she is pursuing. It is illegal to ask, “Have you ever been arrested?” A legal question would be, “Have you ever been arrested and convicted of a crime that is relevant to the job?” Such an example would be embezzlement or theft when applying for a banking position.
If you think you have been a victim of discrimination while on the job or when applying or if you think your failing the interview is the result of an illegal questions, please contact a lawyer or your local EEOC office at http://www.eeoc.gov/facts/howtofil.html.