In employment settings, job interview questions are used to determine whether or not a candidate will be suitable for a specific job position. A job interview is one of the primary ways that employers can learn about potential employees.
Because of this, a potential employer must ask the potential employee several questions related to their background and the position. On the other hand, employers are not permitted to ask certain specific questions, mainly because of employment discrimination laws.
Employers, therefore, should be very cautious when developing interview questions so they do not violate any laws.
What Questions are Illegal to Ask During an Interview?
During job interviews, employers are entitled to ask a number of questions related to an individual’s qualifications for the position. This does not mean that they are permitted to ask any question whatsoever or the applicant, nor can they require that applicant to answer an illegal question.
An illegal interview question may related to an applicant’s:
- Age;
- Race;
- Gender;
- National origin;
- Marital status; or
- Religion.
Although questions related to these subjects are not explicitly illegal, they may imply an illegal motive, discrimination. Pursuant to Title VII of the Civil Rights Act, it is illegal for employers to discriminate based on:
- Race;
- Color;
- Religion;
- Sex; and
- National origin
Because of this, questions which have discriminatory implications based on any protected category that leads to the employer denying employment are prohibited.
What are Job Interview Legal Boundaries?
Usually, all potential employees go through a job interview process. When conducting interviews, employers are required to comply with federal and state regulations that prohibit any discrimination on the basis of:
- Race;
- Religion;
- Color;
- Sex;
- Age;
- National origin; or
- Disability.
What can be Discussed at a Job Interview?
Interviewers are permitted to ask applicants about anything that may be relevant to the position being sought. Any questions that are irrelevant to the position may be barred by law and may be considered discriminatory if the applicant ends up not getting the position.
What Cannot be Discussed at a Job Interview?
In general, if an issue is of a personal nature to the employee and does not pertain to the duties of the position, the interviewer should not ask about it. Subjects that are generally inappropriate to ask about may include:
- Personal finances;
- Children or personal family life;
- Passwords, for example, social media platforms, including Facebook;
- Sexual orientation and activity;
- Political affiliations;
- Religious affiliations;
- Medical history, unless relevant to the position; and
- Drug usage, although asking for applicants to submit to a drug test is acceptable.
Even though interviewers are not permitted to bring up certain subjects, applicants are permitted to bring up any subject they wish without making the employer liable for discrimination. The employer, however, should not dwell or linger on the subject, as it may lead to asking illegal questions.
What are Some Questions Employers Should not Ask?
Examples of questions that employers should never ask potential employees during job interviews include, but are not limited to:
- Are you pregnant?;
- What is your religious affiliation?;
- What religious holidays will you need off?;
- What is your political affiliation?;
- What is your race or ethnicity?;
- Where were you born?;
- How old are you?;
- Do you have any disabilities?;
- Are you married?;
- Do you have any children?
- Do you plan to have children in the future?;
- How old are your children?;
- Are you a U.S. citizen?; and
- Have you experienced any severe illnesses in the past year?.
These questions may all be considered illegal.
What are the Restrictions on an Interviewer for Asking Questions Dealing with Personal Subjects that may be Work-Related?
In general, the questions asked during an interview must relate to the ability of the applicant to perform the necessary tasks of the job. Any topic that is considered beyond the scope of that may be considered discriminatory.
Employers are permitted to describe the demands of the position and then ask if the applicant is able to meet those requirements. Employers, however, are not permitted to ask whether applicants are disabled.
An interviewer only has to determine whether or not the applicant is able to perform the job, not the exact reasons why the applicant is not able to perform the job. For example, if an interviewer asks the candidate’s native language that would be considered illegal.
However, asking what languages the candidate can speak is permitted. The distinction between these two is that the first question hints at the applicant’s national origin while the second question inquires about skills which may be useful to the company.
Another example of an illegal question would be whether the candidate plans to continue working after their pregnancy. The interviewer, however, may ask about the applicant’s long-term career goals.
How Should I Respond to an Illegal Interview Question?
If an applicant is asked an illegal question during their interview, they have two available options, to answer the question or to refuse to answer the question.
For example, if an employer mentions that they arrive at work at 9 a.m. after they drop their children off at school and the candidate mentions that they also have children. Suppose the interviewer then asks the candidate the age of their children and, believing the question is innocent, does not mind answering.
It is important to be aware that the candidate may not get the position based on their answer. This may occur even though it is illegal to deny an individual employment based on their response to an illegal question.
There are some interview questions which are not innocent and may have a discriminatory motive. For example, suppose an individual is interviewing for a time-consuming position which requires extra holiday hours and the candidate is pregnant and due in January.
The employer asking about whether the candidate is pregnant may be an attempt to determine their availability for the holiday season. In this instance, the candidate can tell the interviewer that they believe the question is inappropriate and is not relevant to their ability to complete the job.
The candidate has the right to decline to answer but should do so in a tactful manner so they do not seem difficult or confrontational.
What are My Legal Rights if Denied Employment Based on Illegal Questions?
If an individual believes that they were denied employment based on their answer to an illegal interview question, they may file a complaint with the Equal Employment Opportunity Commission (EEOC). An individual must file this complaint within 180 calendar days from the alleged discrimination.
The Commission will investigate the claim, which takes approximately 10 months. If the EEOC cannot determine whether the employer broke the law, they will send the complainant a Notice of Right to Sue, which gives them the right to file a lawsuit in court.
If the EEOC determines that the law may have been broken, they will try to reach a voluntary settlement with the employer.
Do I Need a Lawyer For Help With Employment Laws?
An employment interview often involves various legal issues that may be challenging to deal with. If you believe you have suffered from employment discrimination, you may need to consult with a discrimination lawyer to determine the best course of action for your case.
Your lawyer can advise you of the applicable laws and answer any questions you may have related to interview questions. Your lawyer can also advise you of your rights under the employment laws of your state.
If you have to file a lawsuit, your attorney will represent you during any court appearances.
