When asking questions for a job interview, employers sometimes make inquiries that are prohibited by the law. In some such cases, these interviewers are consciously practicing discrimination. Arguably more often, these questions are asked by poorly trained individuals trying to be friendly with the job applicant. Either way, job seekers preparing for an interview will benefit from knowing which questions are potentially illegal and how to respond without ruining their chances at employment.
The Legal History of Equal Opportunity Employment
In the United States it is illegal to discriminate against employees and job applicants on the basis of their race, color, age, gender, national origin, religion, disability or genetics. There are a number of federal laws that make such actions illegal, and they are upheld by a commission known as the U.S. Equal Employment Opportunity Commission (EEOC).
Such laws include the following:
* The Equal Pay Act of 1963 (Men and women doing equal work must be paid equally)
* Title VII of the Civil Rights Act of 1964 (No discrimination on basis of race, color, religion, origin, or sex)
* The Pregnancy Discrimination Act (No discrimination on basis of pregnancy or childbirth)
* The Age Discrimination in Employment Act of 1967 (No discrimination against people over forty)
* Sections 501 and 505 of the Rehabilitation Act of 1973 (No discrimination against qualified individuals with a disability in the federal government)
* Title I of the Americans with Disabilities Act of 1990 (No discrimination against qualified individuals with a disability in both the private and public sectors)
* Sections 102 and 103 of the Civil Rights Act of 1991 (Jury trials and damage awards permitted in cases of intentional discrimination)
* The Genetic Information Nondiscrimination Act of 2008 (No discrimination because of genetic information)
How to Identify Illegal Questions
To simplify matters, any questions related to a job applicant's personal life are off limits unless an employer can prove that such questions are critical to determining a candidate's suitability in light of particular job requirements. Some questions might automatically sound alarm bells, such as "How many years do you plan to work before retiring?" Others are a bit subtler.
Illegal questions could address a person's race, age, sex, national origin, religion, etc. Here are some samples:
* What is your native language?
* How long have you lived in the area?
* How old are you?
* Are you married?
* Do you have children? Do you plan to have children?
* How tall are you? How much do you weigh?
* Have you been ill recently?
* Have you ever been arrested?
How to Cope With Illegal Questions
When employers' interview questions cross the line, job seekers can find themselves in a bit of a predicament. One way to react is to answer the questions that the employers should have asked. For example, if an employer inquires, "What is your native language?", a job seeker might reply, "I can fluently communicate in both English and Spanish." This response speaks to the skill set the job seeker brings to the table and indirectly answers the question.
Alternatively, candidates can choose to confront the interviewer. Of course, such a reaction can be risky if the job seeker desires the job and is uninterested in taking legal action against the prospective employer. In such a scenario, the candidate might respond, "That's a very interesting question. Why do you ask?" It is likely the interviewer will rephrase in a way that allows the interviewee to speak of their qualifications rather than personal background.
If the candidates feel that they were intentionally discriminated against during their job interview, they can file charges. The deadline for filing charges is 180 days, or 300 days if the state or local government also forbids said type of discrimination. These charges cannot be filed by phone or online, although the EEOC has an online assessment tool to help with the process. Instead, charges can be submitted to the nearest EEOC office in person or by mail.
Interview Successfully in Difficult Situations
Job seekers are entitled to the same rights as employees with regard to discrimination. Unfortunately, sometimes employers ask questions that taboo and illegal. Knowing how to job interview in these situations can be difficult. Interviewees should know their rights and respond to tough questions with care. In cases of intentional discrimination, job seekers can seek legal action by filing a charge with the EEOC, the commission that enforces the practice of equal opportunity employment in the United States.