Illegal Interview Questions
Job interviews and techniques vary by location, employer, and job type. Interviews provide a chance for an employer to evaluate a candidate's qualifications & fit for the role, and the interactions also allow a candidate first-hand insights into the work environment & expectations of the organization.
These interactions are critical for the success of any company and the successful (read: long-term) placement of a candidate within a specific function.
During these conversations, its easy for an interviewer to want to break the ice with a surface-level question that you view as trivial or deep-dive into a candidate's background to know more about the him/her or even make 'small talk' to establish personal connections. And its human-nature for an eager candidate to appear cordial and communicative in answering all of the interviewer's questions. So, in order to avoid common interviewing pitfalls, both employers and candidates alike need to understand what the law says about ethical and legal hiring practices.
Particularly in the United States, there are many detailed laws surrounding hiring practices, employment relationships and labor-related interactions. Many of these laws are related to avoiding discrimination of protected classes - groups of people in a particular category (ie: race, color, religion or creed, national origin or ancestry) sex, age, physical or mental disability, and veteran status). As a result of the anti-discrimination
Companies and representatives of organizations (professionals who are interviewing candidates) can find themselves at-risk of violating the law by asking some seemingly innocent (but illegal) questions during an interview, such as:
How old are you?
What are your religious beliefs?
What is your ancestry?
Where were your born?
What is your native language?
Are you single or married?
Do you have a police record?
Do you have any children and/or are you planning on having more?
Are your parents citizens?
What is your sexual orientation?
*This is not an exhaustive list of illegal interview questions*
To avoid a sticky situation, employers should avoid these illegal interview questions.
Candidates should also avoid answering these questions and/or volunteering information that pertains to your possible 'protected class' status.
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