Employment laws that prohibit
discrimination in the workplace apply to
interviews as well. As a result,
questions that probe race, national
origin, sexual orientation, religion,
age, marital status, family situation,
or disabilities are illegitimate in an
interview. However, many interviewers
are not familiar enough with the law to
know when they have passed into
potentially discriminatory territory. A
few interviewers ask illegal questions
reasoning that they are protected by
your desire to obtain the job. In either
case, dealing with illicit questions is
delicate. Know what can be asked, what
cannot, and what to do if the
interviewer asks anyway.
Forbidden Questions about Race
Examples:
-
What is your skin color?
-
What is your race?
-
Is your spouse
Caucasian/Hispanic/African
American/Asian, etc?
Exceptions:
-
There are no fair questions about race
in an interview or application, but an
employer can allow you to voluntarily
indicate your race on your application.
Forbidden Questions about
National Origin
Examples:
-
You sound like you have an accent; where
are you from?
-
Where were you born?
-
Are you an American citizen?
Exceptions:
-
Employers are required to hire only
those employees who can legally work in
the United States. For that reason,
employers can ask whether you are
eligible to work in the United States.
Suspect Questions about Age
The Age Discrimination in Employment Act
of 1967 protects workers over 40 in
private companies of twenty employees or
more and government organizations.
Examples:
-
When were you born?
-
When did you graduate from high school?
-
How old are you?
Exceptions:
-
The act does not prohibit interviewers
from posing questions about age, but
does prohibit discrimination on these
grounds unless age directly affects the
job. An employer can rightfully inquire
whether the candidate meets the minimum
federal age requirements for employment
(usually 14-17 years old).
Forbidden Questions about
Religion
Examples:
-
Do you go to church?
-
Are you religious?
-
What religion are you?
-
Do you take time off work for religious
purposes?
Exceptions:
-
Organizations that have a specific
religious orientation might ask
questions relevant to religious
practices and beliefs.
Forbidden Questions about
Disabilities and Health
Examples:
-
Do you have any disabilities or medical
conditions?
-
How serious is your disability?
-
Do you take any prescription drugs?
-
Have you ever been in rehab?
-
Have you ever been an alcoholic?
-
How many sick days did you take last
year?
-
Do you have AIDS?
-
Have you been diagnosed with any mental
illnesses?
-
Have you ever received worker's
compensation or been on disability
leave?
Exceptions:
-
Employers may ask whether you have any
conditions that would keep you from
performing the specific tasks of the job
for which you are applying. They may
also require that all candidates for a
certain position pass through a medical
examination that is relevant to the
responsibilities of that job. Employers
can subject candidates to illegal drug
tests or ask you whether you take
illegal drugs.
Forbidden Questions about Family
Situation
Examples:
-
Do you have small children?
-
Are you planning to have children soon?
-
What is your marital status?
-
What is your maiden name?
-
Are you pregnant?
Exceptions:
-
Employers can inquire whether you have
ever worked under a different name or
whether you have personal
responsibilities that could interfere
with requirements of the job like travel
or overtime hours.
Forbidden Questions about Sexual
Orientation and Political Affiliation
Executive Order 13087 acts as a
guideline against sexual discrimination
or party discrimination in the federal
government.
Examples:
-
Are you straight or gay?
-
How do you feel about working with gay
or bisexual people?
-
Who did you vote for in the last
election?
-
Do you belong to a party?
Exceptions:
-
This executive order does not bind all
employers, but protections exist at
least for federal civilian workers.
Now that you know what is permissible
and what is discriminatory, consider how
you might prepare for a situation in
which the illegal arises. Your action
depends on your goals and what makes you
feel comfortable. Three basic paths lie
open to you.
You could forfeit your rights and answer
the question, hoping that it will deepen
connections with the employer rather
than incite bias. There might be times
when you discover that your interviewer
goes to a certain church or has family
from a certain country that is similar
to yours. You might not feel threatened
to disclose information about yourself
that could be subject to discrimination.
Alternatively, you could discreetly
refuse to answer the question but
persist in trying to secure the job. For
example, you might avoid answering the
question directly but address the
concern that it implies. If asked
whether you plan to have children, you
might reply: "I take strides to balance
my work and my personal life. I can
assure you that I will be focused and
committed to my responsibilities here,
and my personal life will not interfere
with my performance." If you elect not
to answer the question but you wish to
secure the position, take pains to set
the interviewer at ease. If the
interviewer feels embarrassed or
chastised by your response, the
interview could plummet rapidly.
You could also determine that you have
no desire to work in a company that
probes in potentially discriminatory
ways. You might sense bias or negativity
in the interviewer or feel like the
environment is somehow hostile to you or
other people. If you decide on the spot
that you do not want the job, you can
take overt action. You could go so far
as to excuse yourself from the interview
and even file a complaint or suit. If
you decide to pursue formal recourse,
you can contact the Equal Employment
Opportunity Commission.
