Friday, February 29, 2008

Illegal Interview Questions

I was furious when one of my friends told me about her latest job interview. These are the questions (and the ONLY questions) the interviewer asked her:

1. "Are you married? How long have you been married? Well, that means you are going to have a baby soon and we don't want someone who will be leaving."

2. "Well, what does your husband do, we need to know he has a stable job and will not relocate in the near future."

She did not get the job.

Both of these questions were illegal, especially as most people would guess she did not get a job offer because she was a young (mid-20s) newlywed. My friend chose to answer the questions honestly, although she sensed the intentions may not have been appropriate. Thus, it is important for individuals to understand their rights before entering interviewing situations.

The following personal information is protected and should not be discussed as part of an interview:
Age
Race/Color/Ethnicity
Sex
Religion
National Origin/Birthplace
Disability
Marital/Family Status

One important thing to recognize about illegal interview questions is that they often occur out of ignorance, rather than malicious prejudice. Often questions have innocent intentions. The following examples are from collegegrad.com

http://www.collegegrad.com/ezine/23illega.shtml

Questions related to location of birthplace, nationality, ancestry, or descent of applicant, applicant's spouse, or parents.
Example: Pasquale--Is that a Spanish name?
Questions related to your sex or marital status.
Example: Is that your maiden name?
Questions related to race or color.
Example: Are you considered to be part of a minority group?
Questions related to religion or religious days observed.
Example: Does your religion prevent you from working weekends or holidays?
Questions related to physical disabilities or handicaps.
Example: Do you have any use of your legs at all?
Questions related to health or medical history.
Example: Do you have any pre-existing health conditions?
Questions related to pregnancy, birth control, and child care.
Example: Are you planning on having children?

Answering illegal questions is up to the judgment of the interviewee, especially as one determines how interested he/she still is in the position and the intent of the interviewer. Often, I recommend the strategy of bi-passing the illegal question's direct answer and answering the intent of the question.

Examples:

Q: Do you plan on having children soon?
A: "My personal life has little to do with my capacity to fulfill the requirements of this position."

Q: You look so young! How old are you?
A: "I assure you, my experience and education qualify me for this position."

For more information on how to appropriately handle illegal interview questions, see the article on monster.

http://career-advice.monster.com/job-interview-practice/Questions-They-Shouldnt-Ask/home.aspx

3 comments:

Erin said...

Wow, that is amazing! I can't believe they would really say that in an interview! How unprofessional, even if they were thinking about those concerns. Sad that they would make judgements about your abilities and commitment based on stereotypes. Thanks for the heads-up. Are these also illegal questions for school interviews?

Abraham said...

Very cool and informative blog Amber. What, if anything, would you recommend your friend doing now that she was asked these inappropriate questions and didn't get the job?
I'm also curious about Erin's questions--the school interviews. I had a friend who was applying for medical residency programs and one interviewer spent almost the entire time asking him detailed questions about his religion. He said it made him feel very uncomfortable. I guess, technically, that was probably a job interview as well.

Amber Collins said...

These questions are protected by law so that interviewers cannot make their decisions based upon the information gained from the answers (prejudice). While I have not thought specifically about these questions in a school context, I am sure that excluding someone based upon religion, age, sex, etc. is illegal, even in the academic sector. That said, I will still have to do more research and get back to you.