The job interview is one of the most crucial phases of the employment hiring and selection process. It gives the company a chance to discover more about the applicant and their suitability for the position.
However, it is important to stay within the guidelines outlined by federal and state legislation while asking interview questions. For example, no discrimination against the candidate is allowed in the questions.
Typical interview inquiries could be:
- Do you have the legal right to work in the US?
- What training or credentials do you possess that are relevant to this job?
- Do you believe you can fulfill the responsibilities and standards listed in the job description?
- Are you old enough to work legally?
- Have you developed any military skills that are relevant to this position?
What Can Employers Do to Guarantee Ethical Hiring Procedures?
Numerous laws regulate employee hiring practices to prevent discrimination and unfair practices. Employers should design a suitable, uniform selection procedure to be used each time an employee is employed to guarantee compliance with all federal and state standards.
Can a Potential Employer Demand a Drug Test?
Although such tests are not required, it is lawful for businesses to request drug tests from potential hires. Likewise, job applicants can decline to take such a test; however, doing so might impact their application.
However, if a company does conduct drug testing, it must do so impartially and without regard to someone’s color, gender, nationality, disability, or religion.
Can a Potential Employer Contact a Candidate’s Previous Employers?
Yes, and these reference checks may be standard procedure. The only subject of the calls, however, must be work performance. Neither employer may inquire about or provide personal information about the applicant.
Employers are not allowed to exaggerate the number of additional personnel. Remember that former employers have the right to ask their former employees why they left their position.
What Should I Say in Answers to Typical Interview Questions?
Generally speaking, you should provide the most detailed responses to interview questions.
When evaluating your application for a job, the employer will have a complete picture of you.
However, if you might decline to answer a query that you believe might be:
- Discriminatory in its approach
- Disparaging in tone
- Unrelated to the position you are pursuing
- A violation of your right to privacy
- An unlawful interview query
As a general guideline, every interview query should be pertinent to the position you’re looking for. For instance, even if it is forbidden to bring up a candidate’s country of origin during a job interview, it could be vital to find out if they are fluent in the language the company will use. If you are unsure about a specific interview process, you may want to speak with a lawyer because this may be a very thin line.
Anti-discrimination legislation is present in every state. Make a note of your memories of the interview if you believe you were subjected to discrimination during the recruiting process. You might want to write down names, dates, and any questions you think might have been improper. Employers cannot use certain information to favor one candidate over another. Age, race, sex, national origin, political allegiance, and others are a few of these categories.
Taking the firm to court in a civil case could be required. Some legal remedies, including a damages award, being reevaluated for employment, or having the corporation alter its hiring practices, may be available.
What Are Illegal Interview Questions to Ask?
Employers are permitted to ask candidates as many questions as they like about their qualifications for the position during a job interview. This does not imply that they can ask any question they choose to a job applicant or that they can make them answer questions that are against the law. Interview inquiries that touch on someone’s age, race, gender, national origin, marital status, or religion are prohibited.
Although these issues aren’t specifically forbidden, questioning about them may imply a discriminatory intent, which is illegal. Employers are prohibited from discriminating based on race, color, religion, sex, or national origin under Title VII of the Civil Rights Act. For this reason, it is prohibited for an employer to refuse to hire you based on inquiries that could be seen as having discriminatory implications based on any protected category.
What are Some Inquiries that Employers Need not Make?
The following are inquiries that employers ought never to make:
- Are you expecting?
- What kind of religion do you practice?
- What political party do you support?
- What ethnicity or race are you?
- What age are you?
- Do you have a spouse?
- Do you have kids, or do you have plans to have kids?
- What age are your kids?
- Have you recently suffered from any significant illnesses?
These inquiries may be deemed unlawful.
How Do I React to a Question During an Illegal Interview?
You essentially have two choices if an illegal question is asked of you during an interview.
Consider the scenario when the employer says she reports to work at 9 a.m. after she sends her kids off at elementary school, and you explain that you’re a parent as well. When the employer inquires about your children’s ages, you assume it is an innocent inquiry and don’t mind responding.
You can always respond to the question in this situation and others where you believe the inquiry is not being posed with discriminatory intent. Even though it’s against the law to refuse employment based on a person’s response to an illegal question, you should be aware that you might not obtain the job based on your answers.
Some interview questions aren’t innocent and have a discriminatory agenda. If you are pregnant and due in January, for instance, and you are interviewing for a time-consuming profession that requires extra hours around the holidays, an employer who inquires about your pregnancy may be attempting to evaluate your availability for the impending holiday season.
This is why it’s a good idea to tell the interviewer that you think the question is unsuitable and has nothing to do with your ability to execute the task. You have the freedom to choose not to respond, but you should do it diplomatically to avoid coming across as abrasive or unpleasant.
What Rights Do I Have If I’m Refused Employment Because of Illegal Questions?
You might want to submit a complaint with the Equal Employment Opportunity Commission if you think your response to a question during an interview was improper and led to your employment being refused.
You must file a claim within 180 calendar days of the alleged prejudice. The Commission will investigate your allegation, which will take about ten months. The EEOC will send you a Notice of Right to Sue, which gives you the right to sue in court if they cannot decide if the law was broken. The EEOC will attempt to seek a voluntary settlement with the employer if they find that the law may have been broken.
Should I Get Legal Advice for Interview Questions?
Even routine interview questions might lead to legal problems, especially when more serious problems like prejudice are involved. If you have legal queries or worries about interviews and recruiting, you might want assistance from a workplace attorney.
Your lawyer can give you legal counsel that can help you win your case. Additionally, your attorney will be able to speak on your behalf during the real court proceedings and meetings.
