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Know Your Rights - Illegal Interview Questions

Updated: Dec 29, 2019


Driving over the posted speed limit is illegal and yet every day, many people speed. Similarly, there are topics that are illegal to ask applicants during the hiring process and yet some interviewers still ask them.

Disclaimer: This blog post is for informational purposes only and should not be considered legal advice.

The good news is that the majority of interviewers have good intentions and approach the interview process professionally and with the intention to find the best fit employee for the company. That said, let's get you more prepared just in case you do encounter questionable questions. During an interview situation, it's up to you to recognize whether any questions skirt the line or are over the line of legality.

First things first, here are some things that have NOTHING to do with the quality of work you provide to your employer: age, race, gender, who you worship, your plans whether or not to have children, who you love or your relationship status.

The following are just some of the topics that are protected by State and Federal laws during the job application process: age, race, national origin, gender, religion, marital status, and sexual orientation. For more details on the existing US federal laws, visit the United States Equal Employment Opportunity Commission (EEOC) website. Below is a brief explanation of some of these topics protected by federal law.

Age

Did you know age discrimination is relevant at ALL ages? Would you be considered 'too young' for a job or, if you've been in the career field for many years, would you be considered 'too old' for the job? Either way, it shouldn't matter and questions regarding your age are illegal. You bring your experience to the table for a job opportunity and that counts no matter how many candles are currently on your birthday cake.

Race

Your skin color doesn't make you a better or worse employee, it just makes you YOU! It doesn't matter your race or ethnicity for employment. Diversity is beautiful. For most job positions, a photo of yourself is not required. Do not send a photo of yourself during the job application process unless specifically requested by the prospective employer. For most professions, a head shot is not necessary but for some professions such as media and modeling etc, a head shot photo would make sense. It is best that you research your profession and prospective employer ahead of time to know what is expected for the application process.

National Origin

You don't necessarily have to be a US citizen to work in the United States. There are other options, such as a temporary work visa, which you can use to work in the US legally. If you have the right to work legally, then no one can take that from you. More information about immigrant and employee rights can be found on the US Department of Justice website.

Gender Identity

Your gender identity doesn't affect your overall job performance and as such, it shouldn't be a consideration during the application or salary negotiation process. The Equal Pay Act of 1963 exists to help ensure equal pay for equal work regardless of the employee's gender. Unfortunately, even with the Equal Pay Act, there still exists a substantial gender-based pay gap in the US and in other countries. While a full solution to this pay gap continues to elude us, agencies such as the US Department of Labor, has provided research that helps explain the problem and some of the causes. The best thing you can do is to become informed of the issue, know your rights, know your value, and then go after what you deserve within your profession.

Religion

Who you worship doesn't affect your abilities as an employee. You have the right to live your own faith and worship as you will. Any questions regarding your religion or religious beliefs should not be a part of the job application process. Keep in mind that as part of Title VII law, an employer is required "to reasonably accommodate the religious belief of an employee or prospective employee, unless doing so would impose an undue hardship".

Marital Status

If you're in a relationship or if you're single or married, your relationship status doesn't have anything to do with whether or not you will be a good employee. Some employers might want to know your relationship status to better understand your commitment to the company as well as to estimate how long you'll be working with the company. [see next topic]

Family Plans

Some employers would like to better understand the family plans of their employees, more specifically for women. However, this topic is illegal because it unfairly discriminates women based on the fact that they are more likely to need more time away from work due to having children.

Sexual Orientation

Love is love. Whom you choose to love is not a reflection of your professional abilities or experience. Your sexual orientation is a protected topic under the Title VII law and should not be considered during a job application process or during employment.

So, what can you do to best prepare for your career journey and job application process? Congratulations, you're already taking step one, educating yourself. The more information you have, the better position you'll be in. Make sure you include members of your Career Team to help you prepare for and practice interviewing and salary negotiations. They can help by asking direct and nuanced questions relating to the topics above so that you can practice how you would respond if asked in an actual interview. To learn more about the purpose of a Career Team and how to create your own, visit this blog post. For some examples of questionable interview questions, check out this article by Business Insider - 11 Illegal Interview Questions & How to Handle Them. It's a few years old but is still relevant.

In summary, the best thing you can do is to educate yourself on your rights prior to the job application and interview process. It's up to you to recognize whether any questions skirt the line or are over the line of legality. Lastly, if you feel that you have been asked illegal questions during a job interview, you should consult an attorney.

Next Step:

* Research your rights for the job application process and employment. Focus on the aspects that relate to your individual situation.

* Gather your Career Team and start practicing interview questions.

* Approach the application process with a positive mindset that the majority of interviewers and companies do follow the law and endeavor to make the application/hiring/working environment positive and without discrimination.

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Disclaimer: This blog post is for informational purposes only and should not be considered legal advice.

#KnowYourRights #Interviews #ApplicationProcess #CareerTeam #PayGap

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