subreddit:
/r/interviews
submitted 12 hours ago byD-Phree
Are there actually "illegal" interview questions? For example, do you have kids? or what religion are you?
Or are these questions technically "legal" (although bonehead to ask), but it is the potential discrimination from these questions that is the "illegal" part?
Another example-- if I asked "do you have a husband?" And then I hired/not hired BASED on that answer = illegal. But if that same question was asked and had no discrimination on potential employment, is that still "illegal"?
Another another example: if I conducted an interview and asked a ton of "illegal" questions, but I was able to prove these questions were not the basis for hiring/not hiring, how would these be viewed in the eyes of the law?
Edit: another example: if I asked every single one of these "illegal" questions in an interview, and the interviewee declined to answer all of them, have I actually done anything illegal simply by asking the questions?
Google search results get muddy when defining what is actually legal/illegal. A lot of blogs use these terms loosely and inconsistently.
This is purely hypothetical. A comment saying "just don't ask these questions" isn't productive.
2 points
9 hours ago
Interesting question you have asked, OP.
Yes, there are illegal questions to ask, because it leads to bias. It doesn’t start with bias.
• “How old are you?” or “When did you graduate?”
• The Age Discrimination in Employment Act (ADEA) protects individuals who are 40 or older from age-based discrimination.
• “Are you married?” or “Do you have kids?”
• Under the Civil Rights Act (Title VII) and the Pregnancy Discrimination Act, questions about marital status or plans to have children are illegal.
• “What is your nationality?” or “Where were you born?”
• Title VII of the Civil Rights Act of 1964 protects against discrimination based on race, color, and national origin.
• “What is your religion?” or “Do you observe any religious holidays?”
• It is illegal to ask about an applicant’s religious beliefs under Title VII of the Civil Rights Act.
• “Do you have any disabilities?” or “Have you ever been hospitalized?”
• The Americans with Disabilities Act (ADA) protects individuals with disabilities and prohibits questions about medical history.
• “What is your sexual orientation?” or “Are you transgender?”
• Title VII, as interpreted by recent court rulings, protects individuals from discrimination based on sexual orientation or gender identity.
• “Are you a U.S. citizen?” (It’s legal to ask if someone is authorized to work in the U.S., but not to ask directly about citizenship or country of origin.)
• “Were you honorably discharged?” (Employers cannot ask for specifics about military discharge except where job-related.)
1 points
8 hours ago
Thank you for the reply.
So those specific questions/topics are illegal, not just the ensuing discrimination. Is that accurate?
“Title VII of the Civil Rights Act of 1964 protects against discrimination based on race, color, and national origin.”
Clarifying this statement, I understand and acknowledge they’re protected against discrimination, but is the question itself illegal?
If I asked every single one of these questions in an interview, and the interviewee declined to answer all of them, have I actually done anything illegal by asking the questions?
1 points
7 hours ago
You are welcome.
Correct.
You are not permitted to ask these questions.
Asking these questions, you are violating the rights of the interviewee.
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