Interview Questions Illegal To Ask – Illegal interview questions shouldn’t come up, but you need to be prepared if they do. Learn how to deal with it in this guide.
If you’re in a job interview and you’re asked a question that makes you so uncomfortable that you’re not sure if it’s even legitimate… chances are it’s not.
- 1 Interview Questions Illegal To Ask
- 2 Can I Sue For Illegal Interview Questions?
- 3 Best Interview Questions To Ask Candidates In 2023
- 3.0.1 Illegal Interview Questions
- 3.0.2 Legal And Illegal Interview Questions In New York
- 3.0.3 How Making This Interview Question Illegal Can Help Eliminate The Gender Pay Gap
- 3.0.4 Job Interview Questions Potential Employers Are Not Allowed To Ask
- 3.0.5 Interview Questions That Are Illegal To Ask Even During A Pandemic
- 4 Interview Questions That Hiring Managers Should Avoid
Interview Questions Illegal To Ask
There are many illegal questions that recruiters are not allowed to ask you. The faster you recognize them, the better you’ll learn how to respond or distract them.
Avoiding Illegal Interview Questions
Illegal work questions are questions that have nothing to do with your skills and ability to do the work. They usually relate to your personal life and relate to sensitive, personal information.
If a topic has nothing to do with your ability to work in a particular position and there is no need for a potential employer to know that information, the question is probably illegal.
Similarly, if you think your answer to a particular question could be grounds for discrimination, the question is probably illegal.
The US EEOC describes illegal questions that companies may not be asking. Certain laws and regulations prevent age discrimination in the employment process, and Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, religion, color, national origin, and sex. Finally, the Americans with Disabilities Act (ADA) protects people with disabilities from discrimination. Also check your state laws, as laws may vary from state to state.
Sydney Company’s ‘illegal’ Pre Interview Questions Exposed
As you can see, there are many laws and regulations that protect you as a job seeker. It is important to be informed and protect your rights and privacy during a job interview. Make it part of your regular interview preparation routine.
These questions directly ask about an applicant’s race, color, or national origin and can be discriminatory. These topics have nothing to do with one’s experience, skills and ability to be successful in a role. However, please note that as an applicant you must have legal documentation.
Questions that recruiters and hiring managers may ask you. They’re not as direct as the illegal questions above, but they’ll reveal about the same thing.
✅ Pro tip: Unless recruiters ask you these questions, don’t ask them yourself. They can contribute to unconscious bias, that is, the recruiter can unconsciously discriminate against you based on what you say.
Can I Sue For Illegal Interview Questions?
If you get one of the questions below, there is a possibility that religious organizations or people of certain religions are discriminating against you (or giving you an advantage over others, which is equally wrong) based on your religion.
Although seemingly unrelated to the questions above, your answer to this question can give recruiters an idea of your religious practices. Asking this question is legitimate because some position may have to work on weekends. In addition, it is formulated in such a way that it focuses more on the position and the way the work is organized than on you as an individual.
However, keep in mind that questions from an illegal group may be considered legitimate if you are interviewing for a religious institution, such as a paid position at a church or religious school.
In rare cases, recruiters may ask these questions if they relate to a job qualification. In such cases it is considered legal. This is called a bona fide professional qualification (BFOQ).
Best Interview Questions To Ask Candidates In 2023
And if you’re over 40, you’re protected by the Age Discrimination in Employment Act, because people over this age have a harder time finding work.
Many positions require you to be over 18 by law to fill them. In these cases, this question is legitimate.
✅ If you are a minor, you may hear these questions often and it is normal and legal. There are many types of businesses where people between the ages of 14 and 18 are allowed to work – but each business has different age requirements. For example, you can work in some shops if you are at least 14 years old, but a coffee shop may require you to be at least 16 years old.
In addition, if you are under 18, you may only work a limited schedule. Failure to inform an employer that you are a minor can land you both in trouble.
Illegal Interview Questions
On the other hand, the potential employer has the right to make sure that you will be able to do your job properly. That’s why it’s legal for them to ask you the question below.
This question asks about your skills, abilities and knowledge to perform the duties of a particular job. But it can also reveal additional information, such as “can you lift up to 50 pounds” or “can you work weekends” without recruiters having to ask directly.
In general, recruiters are advised not to ask about your political views, as in most cases they will not interfere with your work.
✅ Pro tip: You will be asked about your political views if you apply for a position in a political organization or jobs that involve advocacy. But even in such cases it is advisable to consult with a legal professional to make sure that you can discuss these topics (and to what extent).
Legal And Illegal Interview Questions In New York
In such cases, it may be justified to ask the questions above, as your answers will show recruiters whether you are in line with the organization’s values.
However, it is legal to ask the questions below that are indirectly related to your family status, but can tell recruiters what they need to know.
Your appearance has nothing to do with your skills and ability to do the job. Unless these factors are related to the position, questions about them are illegal.
If your height and weight are related and necessary for the position (for example, if you are a model), then asking these questions is considered legal.
How Making This Interview Question Illegal Can Help Eliminate The Gender Pay Gap
Remember the Abercrombie and Hollister “model” employees? Not exactly legal. In case you’re curious, Abercrombie’s appearance policy has had a major backlash.
Although it’s not illegal to ask them, questions about military service and discharge are generally not recommended in a job interview. EEO laws do not prohibit recruiters from asking about your discharge from the military, but it is considered private information.
In rare cases, such as when the position requires you to obtain a security clearance, you can expect these questions and they are considered legitimate.
These types of questions are part of the background checks that many recruiters conduct during the hiring process. While background checks are legal, using the information obtained to discriminate against groups of people or individuals based on age, religion, medical conditions, and the like is illegal.
Job Interview Questions Potential Employers Are Not Allowed To Ask
Any non-professional organization you are a member of is not the business of the future company. As such, you should not ask about it. If they do, it’s likely that they’re trying to get information about your religion, race, gender, sexual orientation, and the like.
On the other hand, recruiters and potential employers have the right to ask about your membership in professional organizations, as it is related to your expertise.
Hearing any of these questions should raise a red flag. If you decide along the way that you want to cancel the interview, feel free to do so. And here are 3 reasons to turn down a job offer:
As we said before, the questions have nothing to do with your experience, skills and past performance and will not reveal anything that should be important to a potential employer.
Interview Questions That Are Illegal To Ask Even During A Pandemic
It’s important to assess the relevance of the question so you know when to ignore the question (which can make you seem arrogant or defensive), politely change the subject (the recommended approach), or actually answer it (sometimes a direct answer jeopardizes your chances of getting the job).
✅ For example, if the recruiter asks if you have children, you can point to the picture in the frame and say “Well, it looks like you do. Is that your son in the picture?”.
Or change the subject – you can try saying something like “I know this is a family-friendly place to work, but I’m interested in the day-to-day responsibilities of this position – it seems like a good fit for my experience and skills. Can you tell me more about that?” ?”
Sometimes these diplomatic answers will be more than enough – the recruiter will take the hint and dismiss the question. Plus, you’ll avoid saying awkward things like “I don’t really want to talk about it” or “That’s illegal to ask.”
Interview Questions That Hiring Managers Should Avoid
If you believe that you have been discriminated against or that you have been asked illegal questions and judged based on your answers, you can report the incident to the relevant authorities.
In this case, you should document the incident, familiarize yourself with the anti-discrimination laws and contact the relevant body responsible for handling complaints of discrimination in the workplace (this could be the human resources department of the future company, the equal employment opportunity commission or the local labor council). They will further advise you on additional steps you can take to resolve the issue.
Want to report an incident but feel bad? Have confidence that you are doing the right thing. By reporting an incident, you protect your rights, but also contribute to an equal, unbiased interview process and inclusive hiring practices for their future employees.
If you feel like an organization or
Illegal Interview Questions And Legal Alternatives
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