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Interviews

Article Rating: =
3D""=20

= Scale:=20 1=3DPoor; 5=3DExcellent

Handling Improper Interview Questions

When you interview for a job, your prospective employer is supposed = to ask=20 questions=E2=80=94whether on the job application, in the interview, or = during the=20 testing process=E2=80=94that are related to the job you are seeking.

While various federal, state, and local laws prohibit discrimination = in=20 employment based on certain characteristics protected by law, such as = race, sex,=20 disability, age, and so on, many of these laws do not ban specific = interview=20 questions.

The focus of interview questions should be: What does the employer = need to=20 know to decide whether you can perform the functions of the job? When an = employer strays from job-related questions into areas that relate to = protected=20 characteristics, this could raise an inference of discrimination, = depending on=20 the circumstances.

If asked an improper question, you have a few options:

You are free to answer the question. However, keep in mind = that if=20 you provide this information, you may jeopardize your chances of = getting=20 hired, in the event you provide the =E2=80=9Cwrong=E2=80=9D answer. = There may be a legal=20 recourse available to you, but this is not the preferred outcome for = most job=20 applicants.=20
You can refuse to answer the question. Unfortunately, = depending on=20 how the refusal is phrased, you run the risk of appearing = uncooperative or=20 confrontational, and losing the job. Again, there may be legal = recourse, but=20 this is hardly an ideal situation.=20
You can examine the question for its intent and respond with an = answer=20 as it might apply to the job. For example, if the interviewer = asks, =E2=80=9CAre=20 you a U.S. citizen?=E2=80=9D or =E2=80=9CWhat country are you = from?,=E2=80=9D you have been asked an=20 improper question. You could respond, however, with =E2=80=9CI am = authorized to work=20 in the United States.=E2=80=9D Similarly, if the interviewer asks, = =E2=80=9CWho is going to=20 take care of your children when you have to travel for the = job?=E2=80=9D your answer=20 could be, =E2=80=9CI can meet the travel and work schedule that this = job requires.=E2=80=9D=20

Following is a synopsis of various federal laws that prohibit = discrimination=20 in employment, with examples of improper questions and the questions = employers=20 may ask. You can use your answer to the =E2=80=9Cproper = questions=E2=80=9D to answer an improper=20 question.

Questions based on race, color, religion, sex, and national = origin

Title VII of the Civil Rights Act of 1964 (Title VII) prohibits = employment=20 discrimination on the basis of race, color, religion, sex, and national = origin.=20 Race discrimination includes discrimination on the basis of ancestry, = and=20 physical or cultural characteristics associated with a certain race, = such as=20 skin color, hair texture or styles, or certain facial features. = According to the=20 Equal Employment Opportunity Commission (EEOC), there are no job-related = considerations that would justify asking an applicant a question based = on=20 race.

Further, questions about height and weight are not acceptable unless = minimum=20 standards are essential for the safe performance of the job=E2=80=99s = duties.

Examples of improper questions (race/color):

What is your skin color?=20
What is your race?=20
Are you a member of a minority group?=20
What color are your eyes and/or hair?=20
Requests that you submit a photo at any time prior to hiring are = improper.=20
Is your spouse Caucasian/Hispanic/African American/Asian, etc?=20
Questions asking specifically about the nationality, racial, or = religious=20 affiliation of a school are also improper.

Examples of proper questions (race/color):

An employer may ask you to voluntarily offer your race for = affirmative=20 action programs.=20
Photos may be requested after hiring for identification purposes. =

Examples of improper questions (national origin):

You sound like you have an accent; where are you from?=20
What is your nationality?=20
What is your heritage?=20
Where were you born?=20
Are you an American citizen?/Are you a citizen of the United = States?=20
Are your parents or spouse citizens of the United States?=20
Are you, your parents, or your spouse naturalized or native-born = U.S.=20 citizens?/Where are your parents from?=20
What is your native tongue?=20
How did you acquire the ability to speak, read, or write a foreign = language?=20
How did you acquire familiarity with a foreign country?=20
What language is spoken in your home?=20
Any questions asking specifically about the nationality, racial, = or=20 religious affiliation of a school are also improper.

Examples of proper questions (national origin):

Are you eligible to work in the United States?=20
If you are not a U.S. citizen, do you have the legal right to = remain=20 permanently in the United States?=20
What is your visa status? (If no to the previous question.)=20
Are you able to provide proof of employment eligibility upon hire? =
What languages do you speak, read, or write fluently? (Only if = relevant to=20 the job.)

Questions based on age

Under the Age Discrimination in Employment Act (ADEA), it is unlawful = for an=20 employer to fail or refuse to hire any individual or otherwise = discriminate=20 against any individual because of age.

Since the ADEA prohibits discrimination on the basis of age, a = request for=20 your date of birth on the employment application is improper. Also, = questions=20 relating to when you were graduated from college could raise age-related = concerns. However, an employer can inquire whether or not you meet the = minimum=20 federal age requirement for employment under child-labor law.

Examples of improper questions (age):

When were you born?/What year were you born?/What is your birth = date?=20
When did you graduate from high school?=20
How old are you?

Examples of proper questions (age):

Are you over the age of 18?=20
After hiring, verifying your age with a birth certificate or other = ID and=20 asking age on insurance forms are proper inquiries.

Questions based on religion

It is illegal for employers to discriminate on the basis of religion. = The=20 EEOC defines =E2=80=9Creligious practices=E2=80=9D to include = =E2=80=9Cmoral or ethical beliefs as to=20 what is right and wrong, which are sincerely held with the strength of=20 traditional religious views.=E2=80=9D Religious practices also include = religious=20 observances. However, under the =E2=80=9Cministerial exemption,=E2=80=9D = certain employers that=20 have a specific religious orientation, such as churches, may ask = questions=20 relevant to religious practices and beliefs.

Employers must accommodate your religious practices unless doing so = would=20 cause an undue hardship. When a test or other selection procedure is = scheduled=20 at a time when you cannot attend because of your religious practices, = the=20 employer has an obligation to accommodate unless it would cause undue=20 hardship.

Examples of improper questions (religion):

Do you go to church?/Do you attend church regularly?=20
Are you religious?/What is your religious affiliation?=20
Do you take time off from work for religious purposes?/What = religious=20 holidays will you be taking off from work?=20
Any questions asking specifically about the nationality, racial, = or=20 religious affiliation of a school are also improper.

Example of proper questions (religion):

Can you work on Saturdays/Sundays? (Only if relevant to the job.) =

Questions based on sex

The Civil Rights Act prohibits discrimination based on sex. The = Pregnancy=20 Discrimination Act prohibits discrimination based on pregnancy, = childbirth, or=20 related medical conditions. A written or unwritten employment practice = or policy=20 that excludes applicants or employees due to pregnancy, childbirth, or = related=20 medical conditions is a violation.

A preemployment inquiry should not ask you to indicate = =E2=80=9CMale/Female=E2=80=9D or=20 =E2=80=9CMr./Mrs./Miss=E2=80=9D unless the inquiry is in good faith for = a nondiscriminatory=20 purpose.

Employers can inquire whether you have worked under a different name = or=20 whether you have personal responsibilities such as traveling or putting = in=20 overtime hours that could interfere with requirements of the job. After = hiring,=20 employers may ask for marital status on tax and insurance forms and for=20 dependent information on tax and insurance forms.

Examples of improper questions (sex):

Do you have small children?=20
Are you planning to have children soon?/Do you plan to have = children?/Do=20 you plan on having more children?/Do you plan to have a family? When?=20
How many kids do you have?=20
What is your marital status?/Are you married, divorced, separated, = engaged, widowed, etc.?/What is your maiden name?/Is this your maiden = or=20 married name?=20
Are you pregnant?=20
What is the name of your relative/spouse/children?=20
Questions concerning the candidate=E2=80=99s spouse, or the = spouse=E2=80=99s employment,=20 salary, or dependents are also improper.=20
How old are your children?=20
What kind of child care arrangements have you made?=20
How will your spouse feel about the amount of time you will be = traveling=20 if you get this job?

Examples of proper questions (sex):

Male? Female? (Provided that the inquiry is made in good faith for = a=20 nondiscriminatory purpose.)=20
Mr., Mrs., or Miss? (Provided that the inquiry is made in good = faith for a=20 nondiscriminatory purpose.)=20
Can you work overtime?=20
Is there any reason you can=E2=80=99t start at 7:30 a.m.?=20
Can you meet specified work schedules or do you have activities or = commitments that may prevent you from meeting attendance requirements? =
Would you be willing to relocate if necessary?=20
Will you be able and willing to travel as needed for this job?=20
What are the names of relatives already employed by the company or = a=20 competitor?=20
Do you foresee any long-term absences in the future?=20
Employers may ask for the name, address, and phone number of the=20 employee=E2=80=99s emergency contact person.

Questions based on sexual orientation

While federal law does not provide any protection based on sexual=20 orientation, many state and local jurisdictions prohibit discrimination = based on=20 this characteristic.

Example of improper questions (sexual orientation):

Are you straight or gay?

Questions based on disability

The American with Disabilities Act (ADA) prohibits employers from = asking=20 questions about disability and bars the use of medical examinations = until after=20 the employer has given a conditional job offer. However, if it is = obvious that=20 you have a disability that will require reasonable accommodations, an = employer=20 may ask whether you will need any.

Employers may ask whether you have any conditions that would keep you = from=20 performing the specific tasks of the job applied for. Employers may = require drug=20 tests or ask if you take illegal drugs.

After making a job offer, an employer may ask any disability-related=20 questions and conduct job-related medical examinations as long as the = employer=20 does this for everyone in the same job category. An employer may = withdraw an=20 offer from an applicant with a disability only if it becomes clear that = he or=20 she cannot do the essential functions of the job or would pose a direct = threat=20 (a significant risk of substantial harm) to the health or safety of = him/herself=20 or others. The determination cannot be based on generalizations about = the=20 condition. The employer must be sure there are not any reasonable = accommodations=20 that could be taken first.

Examples of improper questions (disability):

Do you have any disabilities or medical conditions?/Do you have = any=20 handicaps?=20
What caused your handicap?/What is the prognosis of your handicap? =
What is your medical history?/Have you ever had a serious illness? =
How serious is your disability?=20
How does your condition affect your abilities?=20
Do you take any prescription drugs?=20
Do you take any drugs? (Because it does not distinguish between = illegal=20 and legal drug use, this question may cause applicants to disclose = their=20 lawful use of prescription drugs.)=20
Have you ever been in rehab?/Have you ever been addicted to drugs = or been=20 treated for drug addiction?=20
Have you ever been an alcoholic?/How much alcohol do you drink?/Do = you=20 have a drinking problem?=20
How many sick days did you take last year?=20
Do you have AIDS?=20
Have you been diagnosed with any mental illnesses?=20
Are you receiving any psychiatric treatment?=20
Have you ever received worker=E2=80=99s compensation or been on = disability leave?=20
Have you had any recent or past illnesses or operations? If yes, = list them=20 and give dates when these occurred.=20
What was the date of your last physical exam?=20
How is your family=E2=80=99s health?=20
When did you lose your eyesight (or hearing, leg, etc.)? How?=20
Do you need an accommodation to perform the job? (This question = can only=20 be asked after a job offer has been made.)=20
Questions asking about an applicant=E2=80=99s legitimate use of = sick leave are=20 also improper. (This question is likely to elicit information about a=20 disability.)=20
Have you ever taken a test that revealed hearing loss?=20
Do you use any assistive devices for a hearing impairment (such as = a=20 hearing aid) or have you in the past?=20
Do you have any hearing loss due to an on-the-job accident or = injury?=20

Examples of proper questions (disability):

Can you perform the specific duties of the job?/Are you able to = perform=20 the essential functions of the job? (This question should come after = the=20 interviewer has thoroughly described the job.)=20
Can you demonstrate how you would perform the following = job-related=20 functions? (The applicant is given a common job-related task to = perform.)=20
Questions about an applicant=E2=80=99s current use of illegal = drugs are proper.=20
If an applicant voluntarily discloses that he or she has a = disability, an=20 employer may ask two follow-up questions: Whether he or she needs a = reasonable=20 accommodation, and if so, what type? The employer must keep any = information an=20 applicant discloses about his or her medical condition confidential.=20
After hiring, the employer may ask questions about medical history = on=20 insurance forms.=20
As part of the hiring process, after a job offer has been made, = you may be=20 required to undergo a medical exam. (Exam results must be strictly=20 confidential, except medical/safety personnel may be informed if = emergency=20 medical treatment is required and supervisors may be informed about = necessary=20 job accommodations, based on exam results.)

Questions based on applicant=E2=80=99s arrest record

Because arrests and investigations alone are not reliable evidence = that a=20 person actually has committed a crime, the EEOC has concluded that an = employer=20 rarely will be able to justify making broad general inquiries about = whether you=20 have ever been arrested or been the subject of an internal company=20 investigation. Some states and localities have laws regulating the use = of arrest=20 and/or conviction records in the employment context.

Examples of improper questions (arrest record):

Have you ever been arrested?=20
Have you ever spent a night in jail?

Examples of proper questions (arrest record):

Have you ever been convicted of a crime? If so, when, where, and = what was=20 the disposition of the case? (The information secured on an = individual=E2=80=99s=20 conviction record should only be used in employment decisions if the=20 conviction is substantially work-related.)=20
Have you ever been convicted of ______? (The crime named should be = reasonably related to the performance of the job in question.) =

Questions based on military/veteran status

The Uniformed Services Employment and Reemployment Rights Act = (USERRA) was=20 signed into law on October 13, 1994, to prohibit discrimination against=20 returning service members because of their military service or = obligation. The=20 law seeks to ensure that those who serve their country can retain their = civilian=20 employment and benefits and can seek employment free from discrimination = because=20 of their service.

Examples of improper questions (military/veteran status):

Do you plan to take leave to serve in the military?

Examples of proper questions (military/veteran status):

Describe the relevant work experience that you acquired from U.S. = armed=20 forces as it relates to this position.

Questions based on involvement in labor organizations

According to the National Labor Relations Act, it is unlawful for any = employer to discriminate in regards to hiring to encourage or discourage = membership in any labor organization.

Examples of Improper questions (labor organizations):

Are you a union member?=20
What do you think of unions?

Questions based on residence and affiliations/organizations

Based on nondiscrimination provisions discussed throughout this = article,=20 there are additional examples of non-job-related questions that are=20 improper.

Examples of improper questions (residence and=20 afilliations/organizations):

Do you live in town?=20
With whom do you live?=20
What clubs, social organizations, societies, or lodges do you = belong to?=20
What off-the-job activities do you participate in?

Examples of proper questions (residence and=20 afilliations/organizations):

Inquiries about the candidate=E2=80=99s address to facilitate = contact with the=20 applicant are proper questions.=20
Will you be able to start work at 8:00 a.m.?=20
Will you have problems getting to work at 9:00 a.m.?=20
List any professional or trade groups or other organizations that = you=20 belong to that you consider relevant to your ability to perform this = job.=20 (Exclude those organizations whose names or character indicates the = race,=20 religious creed, color, national origin, or ancestry of its members.) =

Adapted from an article in the December 2007 NACE=20 Journal, by Nancy=20 Conrad and Tanya=20 Salgado.

<= !--END CONTENT AREA -->=20

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