One Legal Question an Employer Can Ask during the Interview

Any other way to ask this question is illegal, for example: It is always good to know where the law stands and how to adequately answer unpleasant or illegal questions. Do you need to prepare for the most difficult legal interview questions? Check out our guide: 20 Situational Interview Questions and Answers to Nail Your Interview Need a job? Horrible networking? Use informational interviews to attach rocket boosters for your job search. Check out our guide: 15 Best Informational Interview Questions You Should Ask Are You Legally Allowed to Work in the United States? Can you provide proof of citizenship/visa/registration of foreigners if we decide to hire you? Are you known by other names? Can you speak, read and write English? Citizenship, ancestry or nationality. Employers in the U.S. can get into big trouble if they hire people who aren`t legally allowed to work in the country. For this reason, companies have begun to take more extreme measures to find out the citizenship of their applicants even before they are hired. Military service is not on the list of inappropriate interview questions. However, in most cases, employers should not ask about the type of dismissal. Some questions about financial situation have been used to discriminate against minorities. However, if they don`t address race, religion, national origin, gender, age, disability, or genetic information, they are not inappropriate interview questions. If you believe you have been intentionally discriminated against by an employer because of your gender, marital status, race, religion, etc., you have the option of filing a complaint with the United States.

Equal Employment Opportunity Commission (EEOC). For example, an employer may ask you: Are you currently using illegal drugs? What illicit drugs have you used in the past six months? Now that you know your rights, go ahead and win the interview. Height, weight, citizenship and other similar concerns may be considered inappropriate interview questions. It depends on why the employer is asking the question and how they use the information. “State and federal laws make it illegal to discriminate based on certain protected categories such as national origin, citizenship, age, marital status, disability, arrest and conviction records, military release status, race, gender, or pregnancy status. The issue of arrest records may be an illegal interview issue in some states. If the applicant`s gender is a bona fide professional qualification, it may be requested. Otherwise, these are questions you can`t ask as an employer during a job interview: it`s up to the interviewee to recognize these questions for what they are. There are exceptions. Sometimes the U.S. government requires employers to ask for race, age and other details.

This can be census data or funding programs. Employers may ask for your address, but they should be careful. If they reveal your finances or family situation, these are illegal interview questions: The Age Discrimination in Employment Act 1967 protects job seekers over the age of 40. Questions about age you shouldn`t ask during an interview include: Want more details? The following section presents specific questions that you should not ask during an interview. If someone asks you a question about religion, you can also reassure them that you are available by saying something like: When interviewers ask these questions, they may be interested in hearing about your commitment to a church, but they probably really ask you if you can work certain days or hours. It`s a gray area when an interviewer asks a question like “Can you work on Sunday mornings?” but they should never associate these questions with religion. An interviewer may ask, “Are you legally allowed to work in the United States?” or “How many languages do you speak fluently?” Most inquiries about disability and medical matters are considered illegal interview questions. Employers can only ask, “Can you do the work?” If you have a question about race and you`re not sure, it`s best to seek legal advice.

Exemption for employers with fewer than 15 full-time employees. For most employers, citizenship is a list of illegal questions to ask during an interview. As long as the candidate`s documents are legal, hiring managers have no right to this information. If you decide to answer, you can say to the interviewer: Did we miss any questions we shouldn`t be asking in an interview? Maybe a hiring manager demanded an answer to an inappropriate interview question? Call us in the comments! We will be happy to answer you. Do you want to be ready to answer the most common legal interview questions and land your dream job? Let our guide improve your interview skills: Common Interview Questions and Best Answers However, what is your race/ethnicity? Okay with affirmative action programs, but never on the phone. If you are an employer, seek legal advice before asking. Availability questions are not illegal interview questions, according to the EEOC. That is, they can be illegal questions if they can be used to discriminate. “However, if the employer formulates questions in such a way that they relate directly to specific professional qualifications, the questions may be legitimate. It is clear that the intention behind the issue needs to be studied. “I`ve lived in several different places, but I`m legally allowed to work in the United States. If the employer wants to know how committed you will be to your work, they should ask questions about your work.

For example, “What hours can you work?” or “Do you have responsibilities other than work that interfere with certain job requirements, such as travel?” Why is the date of high school graduation on the list of questions you cannot ask during an interview? It can show your age. “I actually have a lot of experience as a customer service representative. I have often worked in stressful situations and our customer satisfaction increased by 15% during my time at my previous company. Gender issues should not be raised in interviews unless they are directly related to job qualifications, such as being a partner in a gendered bathroom. Otherwise, your gender should not be taken into account in determining whether you are suitable for the position. If you think this question is being asked with less friendly intentions, you might say: Unfortunately, some of these questions are common enough to start the conversation. Before you get to the interview, it`s good to know what to do when you hear one. Pro tip: In some cases, even illegal interview questions can be legal.

This is when the question requires a bona fide professional qualification (BFOQ). A great way to address this would be to mention that you are committed to your professional growth. Redirect the interview to the position you are interviewing for. Religion. Employers can ask questions about religion so they can plan weekend or vacation plans. The most common illegal interview questions about religion are usually the following: If background checks are not used against a protected group, they are not inappropriate interview questions. Criminal record. You cannot be asked about arrests without conviction or involvement in political causes, but interviewers can legally ask about convicted crimes when referring to the duties of the position.

Even if a candidate is clearly pregnant, it is not acceptable to ask questions about it. They can always describe the job and then ask if they can perform all the functions. Exemption for employers with fewer than 15 full-time employees. However, employers may ask you what kind you are? – If it is a proven professional requirement. Although the interviewer may ask you this question to see how much time you can devote to your work, it is illegal because it reveals your marital status and can also reveal your sexual orientation. Depending on where you live and the job you are interviewing for, the employer may be able to check your criminal record as part of a background check. An employer may need to ask questions about race for subsidy programs. If not, here are some examples of what you shouldn`t ask during an interview: Legal: Are you legally allowed to work in the United States? To determine your language skills, employers may ask you what other languages you read, speak or write fluently.