Questions Employers Can’t Ask at Job Interviews
Many employers ask personal questions seemingly in an attempt to get to know you, but some questions are illegal to ask. Here are 11 illegal job interview questions.
Summary:
11 Illegal Questions
1. Are you married?
Questions relating to one’s marital or relationship status may be discriminatory and violate Title VII. An employer may legally ask questions about an employee’s relationship status for insurance or legitimate business purposes, but asking a relationship question is unnecessary during the hiring process.
2. Do you have kids or plan to have kids?
Similar to marital status questions, questions about children, pregnancy, or future plans to have children are unnecessary in a job interview. While questions about children or spouses may apply during employment for insurance purposes, asking an employee about their plans for children may be illegal.
Employers might use questions about children or childcare to discriminate while choosing an applicant. Employers may ask questions about pregnancy, children, or childcare plans to discriminate against women in particular during the hiring process.
3. Will you need days off for religious holidays?
Questions relating to possible time off may seem innocent enough to create future employment plans, but employers cannot inquire about an employee’s religion. Under federal law, employers, except for religious organizations, cannot ask any questions about religion or religious practices.
Religious questions, including questions about churches, holidays, or beliefs, are illegal for employers to ask in a job interview. Questions about an employee’s religion may be discriminatory. Even if an employer does not explicitly discriminate against employees based on their religious beliefs, an employer may be more likely to hire an applicant who shares their religious beliefs.
4. Do you have a disability?
Any questions relating to disabilities or health conditions are illegal for employers to ask in a job interview. Questions about an applicant’s disabilities may be discriminatory in the hiring process. Even common health questions, such as familial heart conditions or medical conditions are illegal for employers to ask.
However, employers may ask current employees questions about a disability. Additionally, some pre-offer questions about disability accommodations may be legal if applicable, but employers cannot ask about the severity of an employee’s disability.
5. Have you filed any workers’ compensation claims?
Questions about workers’ compensation claims may relate to health or can discriminate against employees who file claims. Any questions about workers’ compensation are not necessary for disability accommodations and are illegal for employers to ask in a job interview.
Related: How to File an Employment Discrimination Complaint
6. Do any mental health conditions run in your family?
Not only can employers not ask questions about physical health, employers cannot ask questions about mental health in a job interview. Employees do not have to answer questions about mental health or familial mental health conditions in job interviews. After employment, questions about mental health are only legal if necessary for reasonable accommodations.
7. What country are you from?
Employees often have to answer questions about nationality or citizenship status in I-9 forms or in the E-Verify process. Apart from this, employers cannot ask any questions relating to race, ethnicity or country of origin.
While some questions about one’s country of origin or nationality may appear as innocent personal questions, they can often be discriminatory and not be a part of the hiring process.
Related: Racial Discrimination in the Workplace
8. Are you currently on any medications?
Employers may ask questions about medication as a way to informally learn information about an employee’s physical health, mental health, or medical history. Any health related questions are unnecessary in the interview process and are illegal for employers to ask.
9. When did you graduate college?
Employees often list the year they graduated on a resume, but employers cannot ask questions about an employee’s graduation year. Under the Age Discrimination in Employment Act, or the ADEA, employers cannot inquire about employees’ ages as it may be discriminatory.
Questions about an employee’s graduation year may seem completely innocent, but it is an easy way for employers to figure out an employee’s age. To avoid age discrimination, employees do not have to answer any questions about their age or graduation year.
10. What is your gender?
Any questions relating to gender identity and sexual oreintation can be discriminatory and are illegal for employers to ask in a job interview. While employers may need to answer questions relating to gender in an I-9 form or the E-Verify process, employers cannot inquire about an employee’s gender identity.
11. Have you ever been arrested?
Under Title VII, employers cannot discriminate against employees due to their criminal history information. In some cases, employers may ask about an employee’s criminal history in the background check process, but questions about criminal history are illegal if they disadvantage Title VII-protected individuals or are unnecessary to determine if an employee will be reliable.
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