01.03.08

Questions that Employers CANNOT ask during a job interview

Posted in Information Systems/Technology at 9:34 pm by Paul Ambrose

Did you know that it is illegal for employers to ask certain questions during a job interview? I often find that students are unaware that employers cannot ask certain questions during a job interview. Susan Thornberry of Tech Republic identifies 10 questions, or area where employers cannot dig into during an interview. Here’s a summary of Susan’s article:

  • Where were you born?
    Employers cannot discriminate based on a candidate’s national origin.  However you can ask whether a candidate is authorized to work in the United States.
  • What is your native language?
    Again, this question could be used to determine national origin. But you can ask whether the person knows a language if it is required for the job.
  • Are you married?
    You can’t discriminate on the basis of marital status, and hence this question is off limits.
  • Do you have children?
    This is covered by a general prohibition about discrimination over parental status.
  • Do you plan to get pregnant?
    Employers ask this question to weed out women who might take a maternity leave. It has always been rude coming from a casual acquaintance, and now it’s illegal as well.
  • How old are you?
    Age discrimination is illegal.
  • Do you observe Yom Kippur?
    You can’t discriminate on the basis of religion.
  • Do you have a disability or chronic illness?
    This information is not supposed to be used as a factor in hiring. If the job will require some specific physical tasks, you may ask whether the person could perform those tasks with reasonable accommodation.
  • Are you in the National Guard?
    It’s illegal to discriminate against someone because he or she belongs to the National Guard or a reserve unit.
  • Do you smoke or use alcohol?
    You can’t discriminate on the basis of the use of a legal product when the employee is not on the premises and not on the job.

Here’s the link to Susan Thornberry’s full article.