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Have you ever felt
uncomfortable about a question someone asked in a job interview? Frankly, some
things are none of your prospective employer's business. Moreover, many types of
questions are not only inappropriate, but even illegal.
Federal and state
laws like the Americans with Disabilities Act, the Pregnancy Discrimination Act,
the Civil Rights Act of 1964, and others legally bar interviewers from asking
questions about race, sex, sexual orientation, religion, age, national origin,
marital status, or family matters. While questioners might throw in the odd
zinger, questions should focus exclusively on the position and your
qualifications for it.
If a prospective
employer asks an inappropriate question, it puts you in a delicate position.
"Whether the
question is legal or not, you still might have an incentive to answer it," said
Bill Coleman, Vice President of Compensation at Salary.com. "And you have to
consider the implications of calling the employer's attention to the fact that
the question is illegal."
The interviewer who
asks an illegal question may not know he or she is breaking the law. It may be
intended as idle small talk, an attempt to get to know you better as a person -
so try to put the question in its intended context. "The reason some questions
are illegal is to prevent potential employers from discriminating against
candidates," said Coleman, adding that not all inappropriate questions are asked
with discriminatory intent. In fact, it could be the opposite. A hiring manager
who is inexperienced at interviewing, for example, might have very constructive
intentions for asking inappropriate questions - such as trying to diversify a
team. "A constructive intention doesn't change the legality of the question,"
said Coleman, "But it could affect your decision whether to answer
it."
Other times the
intention is to plan carefully for the future of a business. Venture capitalists
are notorious for asking women entrepreneurs about their plans for having
children, something they are allowed to do as they consider investing in a
business, though not when recruiting executives for a portfolio company. And
although most women entrepreneurs would prefer not to let their pregnancies
become deal points, the people with money to invest would prefer to be able to
expect when their CEO might be expecting.
If you believe it
is in your best interest to defer answering an interview question, use tact and
grace to explain that the question does not relate to your abilities or
qualifications for the position. If an interviewer's questions make you very
uncomfortable, think twice about whether this is a company you want to work
for.
Here are some
examples of illegal job interview questions.
- How old are
you?
- Are you
married?
- How many times
have you been married?
- Are you in a
committed relationship right now?
- How does your
spouse feel about your working here?
- Do you rent or own
your home?
- Whom do you live
with?
- What is your
sexual orientation?
- What's your
ethnicity/nationality?
- What is your first
language?
- Were your parents
born in this country?
- What is your
racial background?
- Are you religious?
Do you attend church?
- Do you intend to
have children? How many?
- Do you have
children?
- What are your
child care arrangements?
- Are you
pregnant?
- Do you have any
disabilities?
- Have you had any
recent illnesses or surgeries?
- Do you work out
regularly?
- Do you
smoke?
- Have you ever been
addicted to drugs?
- What is your
political affiliation?
- What organizations
do you belong to?
- Have you been
injured on the job?
- Have you ever
filed for workers' compensation before?
- Have you ever
declared bankruptcy?
- Where do you
bank?
- Have you ever been
arrested? (Questions about convictions are legal, however, and are considered to
be security measures.)
-
Johanna Schlegel, Salary.com Editor-in-Chief and Brian Braiker, Salary.com
contributor
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