QuestionsThat Interviewers Should Never (But Do) Ask
From time to time, I get asked by jobseekers about questions that interviewers are permitted to ask during a job interview. While almost everything is fair game, there are certain questions that interviewers are not legally permitted to ask. A post that recently appeared on the “Interns Over 40 blog” pretty much covers them all.
And, while interviewers are not supposed to ask most of these questions, many do. That said, you need to be on the “look-out” for them and be prepared to judiciously answer them whether or not you think they may be legally acceptable or not. After all, challenging the legality of an interviewer’s question during a face-to-face is not likely to lead to a job offer!
In any event, the post list 13 questions on the forbidden list and how interviewers may be able to garner the information that they are seeking without necessarily violating any laws in doing so.
1. Age
Inappropriate:
- How old are you?
- What year were you born?
- When did you graduate from high school?
Appropriate:
- Before hiring, asking if you are over the minimum age for the hours or working conditions.
- After hiring, verifying same with a birth certificate or other ID, and asking age on insurance forms.
2. Citizenship
Inappropriate: Are you a US citizen?
Appropriate:
- 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?
3. Criminal Record
Inappropriate:
- Have you ever been arrested?
- Have you ever spent a night in jail?
Appropriate:
- Have you ever been convicted of a crime?
4. Disability
Inappropriate:
- Do you have any disabilities?
- What's your medical history?
- How does your condition affect your abilities?
Appropriate:
- Can you perform the specific duties of the job.
- After hiring, ask about medical history on insurance forms.
5. Family
Inappropriate:
- Questions concerning spouse, or spouse's employment, salary, arrangements, or dependents.
- What kind of child care arrangements have you made?
- How will your spouse feel about the amount of time you will be traveling if you get this job?
Appropriate:
- Can you work overtime?
- Is there any reason you can't start at 7:30am?
- Whether an applicant can meet specified work schedules or has activities or commitments that may prevent him or her from meeting attendance requirements.
6. Marital Status
Inappropriate:
- Are you married, divorced, separated, engaged, widowed, etc?
- Is this your maiden or married name?
- What is the name of your relative/spouse/children?
- Do you live with your parents?
Appropriate:
- After hiring, marital status on tax and insurance forms.
7. Military
Inappropriate:
- What type or condition is your military discharge?
- Can you supply your discharge papers?
- What is your experience in other than US armed forces?
Appropriate:
- Describe the relevant work experience as it relates to this position that you acquired from a US armed forces.
8. National Origin
Inappropriate:
- What is your nationality?
- Where were you born?
- Where are your parents from?
- What's your heritage?
- What is your mother tongue?
- 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?
Appropriate:
- Verifying legal U.S. residence or work visa status.
- What languages do you speak, read or write fluently?
9. Parental Status
Inappropriate:
- How many kids do you have?
- Do you plan to have children?
- How old are your children?
- Are you pregnant?
Appropriate:
- After hiring, asking for dependent information on tax and insurance forms.
10. Race or Skin Color
Inappropriate:
- What race are you?
- Are you a member of a minority group?
Appropriate:
- None
11. Religion or Creed
Inappropriate:
- What is your religious affiliation?
- Which religious holidays will you be taking off from work?
- Do you attend church regularly?
Appropriate:
- Can you work on Saturdays and Sundays?
12. Residence
Inappropriate:
- Do you own or rent your home?
- Do you live in town?
- With whom do you live?
Appropriate:
- Inquiries about the address to facilitate contact with the applicant.
- Will you be able to start work at 8:00am?
13. Sex or Sexual Orientation
Inappropriate:
- Do you wish to be addressed as Mr., Mrs., Miss, or Ms.?
- What are your plans to have children in the future?
- Are you gay?
- What is your sexual preference?
Appropriate:
- None
Until next time...
Good Luck and Good Job Hunting!!!
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