In fact, you most probably are asking illegal interview questions. Most of us are aware that asking questions about people’s age, race, sexual orientation, etc. are not appropriate. As Alex Rudloff points out:
“The general rule of thumb is that anything involving gender, age, religion, disabilities, marital status, sexual preference, ethnicity, and parental status are things to be avoided (especially here in the United States).”
He provides a couple of specific examples that I find interesting:
- “Are you married?”
- “What did your parents do for a living?”
- “Do you have children?”
I understand why these questions can be considered inappropriate and illegal, but it also makes me shake my head that our society has gotten to the point where this is the case. I’m married and have kids, and so I have on occasion (please don’t sue me!) asked these questions. It’s completely out of interest sake, nothing more. It provides something casual for me and the interviewee to discuss, and often creates an immediate bond…
Certainly, there are lines I wouldn’t cross (asking about religion, disabilities), and that’s mostly common sense. But some of the other examples of illegal questions seem almost ridiculous. I guess it all comes down to the hyper-sensitivity of our culture, as Alex Rudloff points out:
“Outside of the workplace, many illegal job interview questions would seem like small talk. In our hyper-sensitive culture however, they can be used as proof of discrimination.”
What do you think? Have you asked these types of questions in interviews? Have you answered these types of questions?
You know what is interesting about these questions, there really is no such thing as an illegal question. At least not Federally, though State Law Can vary.
Someone once challenged the “illegal” question myth, stating that there was NO Where in the EEO or DOL that one would find illegal questions, and yes they were correct..
So, I decided to Call the Office of the Civil Rights Division to get the Real Skinny on this one. What WAS the REAL Down Low about this. Can Companies ask “illegal questions” and in fact was there really such a thing as an “illegal question”
As they so Eloquently put it - “America is a free country and Employers are Free to ask what ever they want to a candidate..
BUT Wait.. don’t get too excited Yet.. You see, it isn’t the Asking that creates the legal problem, but actually it is the WHY Are You asking this question? and WHAT are You planning to do with the information? that creates future problems..
That is when an investigation can occur to check your selection versus hiring process to determine if you as a company is discriminating.
Those questions above, are indeed questions one should avoid, because they could indeed come back to bite a company should they refuse to hire a qualified candidate, and that said candidate get’s in a tizzy and decides to complain to one of the Alphabet Agencies that deal with that particular issue..
Karen M
Karen - Thank you for the input and clarification, I appreciate it a great deal. I think it’s clear that these questions are a potential minefield, whether asking them specifically or not is illegal.
There are a lot of crazy people in the world, and for the simple reason that I’d like to protect myself, I record all interviews and avoid those sorts of questions. Sad that it comes to that, yes, but I’d rather be safe than sorry.
I once was interviewing a candidate who was fresh out of school and had little work experience. Her CV stated she was the President of a muslim youth group at her university, so I asked her about that role.
I couldn’t care less about her religious beliefs. I was interested in what she did in that role and if she organized events, groups or teams. And she has listed it it herself on her CV to begin with.
The HR person sitting in on the interview immediately jumped and said I shouldn’t be asking that question. She clearly didn’t get it.