Is it legal to ask interview questions?
10 Illegal and Legal Interview Questions: 1. Age Questions . Inappropriate to ask: o. How old are you? o. What year were you born? o. When did you graduate from high school? Appropriate to ask: o. Are you over the minimum age for the hours or working conditions? o. After hiring, verifying info with birth certificate or other ID. Insurance forms ...
Is it illegal to ask about family in an interview?
ILLEGAL JOB INTERVIEW QUESTIONS (AND LEGAL ALTERNATIVES) The following questions should not be asked of any job applicant. If there is any question about the following list, consult with Human Resources. NATIONALITY . Certainly, you want to be sure that a candidate can legally work for you, but it's important to be careful how you ask.
Is it illegal to ask for availability in an interview?
Aug 22, 2018 · Now that you know how to handle illegal interview questions, do you need some legal ones to ask them? See our guide: 65+ Best Questions to Ask an Interviewer & Land Top Jobs [Proven Tips] Plus, a great cover letter that matches your resume will give you an advantage over other candidates.
What is illegal to ask a candidate in a job interview?
Legal And Illegal Interview Questions. Ignorance is no excuse when it comes to employment law and asking the wrong questions during interviews can land you in hot legal water. We'll tell you which interview questions are legal and which aren't.
How do you handle illegal or inappropriate interview questions?
Here are some techniques:Gracefully avoid the question and steer the conversation elsewhere.Keep your answers short, broad and general.Redirect a question to your interviewer.Ask the interviewer why the question is relevant to your job.
What are some illegal questions to ask during an interview?
Bottom line: you cannot ask questions that in any way relate to a candidate's:Age.Race.Ethnicity.Color.Gender.Sex.Sexual orientation or gender identity.Country of origin.More items...
What questions are not illegal to ask in an interview?
Illegal Interview QuestionsAge or genetic information.Birthplace, country of origin or citizenship.Disability.Gender, sex or sexual orientation.Marital status, family, or pregnancy.Race, color, or ethnicity.Religion.Nov 17, 2021
How do you report illegal interview questions?
Call, email, or ask to speak with someone from the HR department and address the issue. Make a formal complaint. You can contact your local U.S. Equal Employment Opportunity Commission (EEOC) office and report the incident. If you choose to file through the state, do so as quickly as possible.Oct 18, 2019
What happens if you ask an illegal interview question?
How to Respond When You Are Asked an Illegal Question. If you are asked an illegal interview question or the questions begin to follow an illegal trend, you always have the option to end the interview or refuse to answer the question. It may be uncomfortable to do, but you need to be comfortable working at the company.Sep 20, 2019
Is it illegal to ask how much someone makes in an interview?
A salary history ban prohibits employers from asking applicants about their current or past salaries, benefits, or other compensation. This means employers can't ask about your current salary on job applications or other written materials or ask you about your salary in an interview.
What are common behavioral interview questions?
What's a Behavioral Interview Question?Give us an example of a goal you failed to meet, and how you handled the situation.Tell us about a time when you solved a problem at your job that wasn't part of your job description.Tell us of a time when you took a risky decision and it didn't pay off.Sep 2, 2021
What questions are illegal to ask on a job application?
Questions should focus on job-related issues and protect the privacy and employment rights of all applicants. It's illegal to ask about certain characteristics protected by law such as gender, age, race, religion, national origin, disability or marital status.Apr 30, 2019
What should you do if you answer a question poorly during an interview?
What You Should Do If You're Stumped During an InterviewCalm down. First of all, the most important thing to do is stay calm. ... Don't say, "I don't know," off the bat. ... Ask questions. ... Tell your interviewer what you do know. ... Tell them how you would find the answer. ... Know the right time to come clean. ... Send a follow-up email.Oct 29, 2019
What should a person do if asked an illegal question in an interview quizlet?
If asked an illegal or inappropriate question, you are usually wise to show anger or irritation so the interviewer will know the question was offensive. A behavioral interview question asks how you would handle a hypothetical situation.
Which of the following is recommended as an effective way to answer unlawful questions during an employment interview?
Which of the following is recommended as an effective way to answer unlawful questions during an employment interview? Answer the fear behind the question rather than the question asked. "Have you ever been arrested?" "Do you have any handicaps?"
What can you do when you are confronted with a tough interview question?
Try to Clarify Maybe you did not understand the question, or you aren't sure what the interviewer wants to know. In this situation, try to identify what you found confusing. Was it just one term or word, or are you confused by the entire question? It's fine to ask the interviewer to define or explain their question.Dec 31, 2019
Where Do You Live?
- This sounds like a perfectly innocent question. You may even see resumes noting the candidate’s address. But still, although not illegal per se, it’s a question best avoided. If a candidate lives at an area inhabited mostly by minorities, you risk lawsuits for racial discrimination.
Are you/have You Been A Drug user?
- This illegal interview question targets recovering addicts. Same thing goes for questions about drinking and smoking. Additionally, people with health conditions, who are protected by the Americans with Disabilities Act (ADA), may take prescription drugs. If the question doesn’t specifically refer to illegaldrugs it poses a discrimination risk.
How Old Are You?
- This question comes up often in interviews. However, it points to age discrimination, which is prohibited under the Age Discrimination in Employment Act (ADEA). It’s meant to protect employees over 40, though in some states, younger people are also protected. Similar questions that may reveal age (e.g. when did you graduate high school?) aren’t allowed either.
Are You A Native English Speaker?
- This question points to discrimination based on nationality or race. It hints that you’re likely discriminating because of a person’s accent (explicitly prohibited by law) or because you suspect they come from another part of the world.
Do You Plan to Have Children?
- Anything related to parenthood can’t be asked during an interview. Women especially are protected under the pregnancy discrimination act (PDA), and you can’t ask whether they’re pregnant or plan to be in the future.
Have You Ever Been Arrested?
- The fact that someone may have been arrested doesn’t mean they engaged in criminal conduct. The equal employment opportunity commission (EEOC)warns that arrest questions may have an underlying racial discrimination intent since some ethnic minorities get arrested more often than others. You can’t make a hiring decision based on arrest records.
Simple Rules to Avoid Illegal Interview Questions
- Be sure that your behavior is legal and use these guidelines to avoid illegal interview questions: Don’t ask anything that isn’t job-related Protected characteristics like race are never job-related. Sometimes, religion, age, gender and national origin are BFOQ. This means you’re allowed to consider them when they’re highly relevant to the job. Structured interview questions are legally …
Marital Status
- Unlawful Inquiries:Whether the applicant is married, divorced, separated, engaged, widowed, etc. “What is your marital status? What is the name of relative/spouse/children? With whom do you reside?...
- Lawful Inquiries:“What are the names of relatives already employed by the company or a competitor?” Other than that specific question, NONE.
Residence
- Unlawful Inquiries:Names and relationships of persons with whom applicant resides. Whether applicant owns or rents a home.
- Lawful Inquiries:Inquiries about address to the extent needed to facilitate contacting the applicant. (A post office box is a valid address.) “Will you have problems getting to work at 9 a.m.?” is...
Pregnancy
- Unlawful Inquiries:All questions relating to pregnancy and medical history concerning pregnancy, such as “Do you plan on having more children?”
- Lawful Inquiries:Inquiries about duration of stay on a job or anticipated absences, which are made to males and females alike.
Physical Health
- Unlawful Inquiries:General questions (“Do you have any handicaps?”), which would tend to elicit information about handicaps or health conditions that do not relate reasonably to fitness to perform...
- Lawful Inquiries:“Can you lift 40 pounds?” or “Do you need any special accommodations to perform the job you've applied for?” or “How many days did you miss from work (or school) i…
- Unlawful Inquiries:General questions (“Do you have any handicaps?”), which would tend to elicit information about handicaps or health conditions that do not relate reasonably to fitness to perform...
- Lawful Inquiries:“Can you lift 40 pounds?” or “Do you need any special accommodations to perform the job you've applied for?” or “How many days did you miss from work (or school) in the past year?”...
Family
- Unlawful Inquiries:Questions concerning a spouse or spouse's employment or salary, childcare arrangements, or dependents, such as “How will your husband feel about the amount of time you will be tr...
- Lawful Inquiries:Whether an applicant can meet specified work schedules or has activities or commitments that may prevent him or her from meeting attendance requirements. “Can you …
- Unlawful Inquiries:Questions concerning a spouse or spouse's employment or salary, childcare arrangements, or dependents, such as “How will your husband feel about the amount of time you will be tr...
- Lawful Inquiries:Whether an applicant can meet specified work schedules or has activities or commitments that may prevent him or her from meeting attendance requirements. “Can you work overtime?” o...
Name
- Unlawful Inquiries:Any inquiries about names, which would divulge marital status, lineage, ancestry, national origin, or descent. (e.g., “If your name has been legally changed, what was your former...
- Lawful Inquiries:Whether an applicant has worked for the company or a competitor under any other name and if so, what name.
Photographs
- Unlawful Inquiries:Requests that an applicant submit a photo at any time prior to hiring.
- Lawful Inquiries:A photo may be requested after hiring for identification purposes.
Age
- Unlawful Inquiries:Questions that seek to identify applicants age 40 or older.
- Lawful Inquiries:“Are you at least 18 years of age?” or “If hired, can you furnish proof of age?”
Education
- Unlawful Inquiries:Any question asking specifically the national, racial, or religious affiliation of a school.
- Lawful Inquiries:All questions related to academic, vocational, or professional education of an applicant, including the names of the schools attended, degrees/diplomas received, dates of graduatio...
Citizenship
- Unlawful Inquiries:Asking whether an applicant is a citizen, or requiring a birth certificate, naturalization, or baptismal certificate. Questions such as “Are you a citizen of the United States?”...
- Lawful Inquiries:Whether an applicant is prevented from being lawfully employed in this country because of visa or immigration requirements, and/or whether the applicant can provi…
- Unlawful Inquiries:Asking whether an applicant is a citizen, or requiring a birth certificate, naturalization, or baptismal certificate. Questions such as “Are you a citizen of the United States?”...
- Lawful Inquiries:Whether an applicant is prevented from being lawfully employed in this country because of visa or immigration requirements, and/or whether the applicant can provide proof of citize...
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