| Illegal
Interviewing Questions You've
just finished your face-to-face interview, and
the outcome looks good. You've proved that you
have the educational background, the technical
skills and the managerial presence the company's
been seeking. You've established a comfortable
rapport with the hiring manager, and you feel
confident that you'll be made an offer by the day's
end.
Then,
as you stand up to leave his office, the hiring
manager shakes your hand, smiles, and casually
remarks, "You know, you've got the most
interesting accent."
"Um,
thanks," you reply, a little embarrassed.
He
laughs. "Sure. Hey, before you leave, I'm
dying to know: Where were you born?"
Though
his intentions might be innocent, the hiring
manager has just asked you an inappropriate,
possibly even illegal, question. And though you're
under no legal obligation to respond, you don't
want to appear rude. After all, you've made it
this far; you can't just say nothing. And yet if
you do answer that you were born, say, outside of
the U.S.regardless of your current work
statusyou might unintentionally be giving
the hiring manager a reason to discriminate
against you.
Discriminatory
interviews are virtually unthinkable in an era
where federal, state and local laws exist to give
all candidates the fairest possible shot at a job.
But the law can't keep interviewers from hiding
behind creative wordingand if you do have
to face this type of an interview, you should be
prepared. Just remember: During routine small
talk, an interviewer might not realize that he or
she is breaking the law; that's why it's to your
advantage to get him or her to clarify any
question that makes you uncomfortable.
Illegal
Question(s)
|
Legal
Variation(s)
|
| Are you a U.S.
citizen? Where
were you/your parents born?
|
Are you
authorized to work in the United States? |
| What's your
native tongue? |
What
languages do you read, speak or write
fluently?" [NOTE: Must be relevant
to every candidate's ability to perform
the job.]
|
| How old are
you? When
did you graduate from college?
What is your
birthday?
|
Are you
over the age of 18? |
| Do you have
any disabilities? Have
you had any illnesses or operations? If
yes, list and give dates.
When was your last
physical exam?
How is your family's
health?
When did you lose
your eyesight?
|
Are you
able to perform the essential functions
of this job with or without reasonable
accommodations? [NOTE: The interviewer
must first thoroughly describe the job.]
[As part of the hiring process, after a
job offer has been made you will be
required to undergo a medical exam. Exam
results must be kept strictly
confidential, except medical/safety
personnel may be informed if emergency
medical treatment is required, and
supervisors may be informed about
necessary job accommodations, based on
the exam results.]
|
| Are you
married or living with a partner? Do
you have children?
Are you planning to
have a family someday?
Do you have a
daycare provider?
|
Would you
be willing to relocate if necessary? The
job requires occasional overtime. Would
you be able and willing to work overtime
as necessary? [NOTE: OK as long as all
applicants are asked the same question.]
|
| The job
requires 25 percent travel. Will someone
be able to look after your children while
you're on the road? |
Travel is
an important part of the job. Would you
be willing to travel as the job requires?
[NOTE: OK as long as all applicants are
asked the same question.]
|
| Have you
ever been arrested? |
Have you
ever been convicted of [crime name]? [NOTE:
The crime should be related to your
ability to perform the job for which you're
interviewing.]
|
| Candidates
who served in the military: Were you
honorably discharged? |
In what
branch of the Armed Forces did you serve? What
kinds of training or education did you
receive while in the military?
|
| How do you
feel about gay people? |
Would you
have any reservations about working in an
office where the majority of people were
gay or lesbian?
|
| How tall
are you? How
much do you weigh?
|
Are you
able to lift a 50-pound object and carry
it 100 yards? This is part of the job. [NOTE:
This question is not acceptable unless
minimum physical standards are essential
for safe job performance.] |
| Are you a
member of any clubs or social
organizations? Which ones? |
Do you
belong to any professional or trade
organizations that you consider relevant
to your ability to perform this job? |
|