COMMON ILLEGAL INTERVIEW QUESTIONS. & Ways to Avoid Them. Hireology Common Illegal Interview Questions & Ways to Avoid Them

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1 COMMON ILLEGAL INTERVIEW QUESTIONS & Ways to Avoid Them

2 ASKING THE WRONG QUESTIONS CAN NOT ONLY GET THE HIRING MANAGER INTO TROUBLE, BUT HIS OR HER ENTIRE COMPANY AS WELL. According to employment law, asking candidates questions unrelated to the open position is illegal. This means that any questions concerning things such as age, family, gender, marriage, nationality and religion are all out of the question. Some questions may seem harmless or conversational, yet million dollar lawsuits against companies have been filed and won by applicants because of the subject matter of the questions. Knowing what s safe to ask could mean the difference between keeping your company on solid legal footing or opening up your organization to potential liability. 1

3 LEGAL & PROFESSIONAL GUIDELINES The below employment laws should always guide your behavior during the interview process: EQUAL EMPLOYMENT OPPORTUNITY Equal employment opportunity refers to the right of all people to work and advance on the basis of merit, ability and potential. In the 1960s, federal and state laws made it illegal to discriminate on the basis of political affiliation, race, religion, gender, age, disability, sexual orientation, or national origin/ancestry. As a result of these laws, employers need to avoid asking questions related to these characteristics during the interview process. TITLE VII OF THE CIVIL RIGHTS ACT Title VII of the Civil Rights Act states that it is illegal to ask discriminatory questions during the interview process about the applicant s gender, race, age, national origin, religion, or other non-job-related basis. AGE DISCRIMINATION IN EMPLOYMENT ACT (ADEA) THE AMERICANS WITH DISABILITIES ACT The Americans with Disabilities Act (ADA) protects qualified individuals with disabilities from discrimination in the workplace. This act prohibits employers from asking questions about a candidate s physical or mental condition during an interview or an application. JOB RELATEDNESS To ensure fairness and equality to any candidate, interviewers need to have a list of job-related interview questions, which are asked consistently for all applicants for the same position. If the question is not related to on the job performance, it should not be asked. The employer must demonstrate a job-related necessity for asking any question. If not, you leave open the possibility that the EEOC could scrutinize your hiring process to see if discrimination has occurred. Passed in 1967, this act prohibits employment discrimination against individuals aged 40 through 69. This includes failure to hire, discharge, denial of employment, and discrimination with respect the protected age. 2

4 WHAT NOT TO ASK AND LEGAL WAYS TO OBTAIN INFORMATION In order to avoid legal trouble, here are some commonly asked illegal interview questions hiring managers should never ask during interviews, as well as ways you can still get the same information you wanted in the first place: TOPIC DON T ASK INSTEAD, TRY Attendance & Scheduling - How many children do you have? - What religion are you? - Do you have pre-school children? - Do you have a car? - What hours/days can you work? - Do you have responsibilities other than work that will interfere with specific job requirements such as traveling? Citizenship & Nationality - What is your national origin? - Where are your parents from? - What is your maiden name? - Are you legally eligible for employment in the United States? - Have you ever worked under a different name? Arrest & Conviction - Have you ever been arrested? - In the last 10 years, have you ever been convicted of a crime? If so, when, where and what was the disposition of the case? Disabilities - Do you have any job disabilities? - Can you perform the duties of the job you are applying for? 3

5 - TOPIC DON T ASK INSTEAD, TRY Credit Record* Military Record - Do you own your home? - Have your wages ever been garnished? - Have you ever declared bankruptcy? - What type of discharge did you receive? *Credit references may be used if in compliance with the Fair Credit Reporting Act of 1970 and the Consumer Credit Reporting Reform Act of What type of education, training or work experience did you receive in the military? Language - What is your native language? - How did you learn your language skills? - Can you explain your written and language fluency? (If the job requires additional languages) Organizations - What are the names of any clubs or societies to which you belong? - Can you tell me about the organizations, which you consider relevant the ability to perform the job? Workers Compensation Religion or Creed Gender Address - Have you ever filed for workers compensation? - Have you had any prior work injuries? - What is your religious denomination, affiliation, church parish, pastor or religious holidays observed? - Do you wish to be addressed as Mr.? Mrs.? Miss? Ms.? - What was your previous address? - How long did you reside there? - How long have you lived at your current address? - Do you own your own home? 4

6 TOPIC DON T ASK INSTEAD, TRY Education - When did you graduate from high school or college? - Do you have a high school diploma or equivalent? Emergency Contacts - What is the name and address of the person to be notified in case of an emergency? (Note: Only request after the individual has been employed.) Avoid illegal interview questions by building a better interview process our hiring framework helps you conduct objective interviews and find top candidates for your company. Learn how Hireology can help your business practice safer and smarter hiring by scheduling a quick demo to learn more. SCHEDULE A DEMO 5