When you go to an interview for a job, you know that you’ll be asked what you’re good at. But what if the interviewer asks something too personal, or that doesn’t apply to the position? There are questions hiring managers simply don’t have to ask & are in fact illegal. Knowing your rights allows you to spot when an interview is too much & handle it with confidence.
Here is a list of 11 illegal interview questions hiring managers still try to ask.
Featured Image Credit: Edmond Dantès /Pexels.com.
“What’s Your Age?”
Age-based questions are illegal as they encourage age discrimination against older candidates. The Age Discrimination in Employment Act (ADEA) ensures that people over 40 aren’t denied employment based on their age. Employers must no longer bet on ability by age – but on qualifications & experience.
“Are You Married or Do You Have Children?”
To ask about your marital status or family background violates anti-discrimination laws such as the Civil Rights Act. This sort of question comes with unfair presumptions about your availability or work commitment (particularly for women). Employers need to determine whether you fit the job or not — not how you conduct your personal life.
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“What’s Your Religion?”
Under Title VII of the Civil Rights Act, religious matters are not permissible. They can result in discrimination or unequal treatment based on religion or religious practices.
“Where Are You From?”
It may sound harmless to ask where you’re from, but it’s illegal to use it to guess your nationality or race. The Immigration Reform and Control Act (IRCA) shields workers from any retaliation based on origin. Employers can only inquire whether you’re authorized to work in the country.
“Do You Have a Disability?”
This is a discriminatory question & violates the Americans with Disabilities Act (ADA). Employers cannot inquire about your health status before hiring you. Rather, they must inquire whether you are capable of performing the duties of the job – with or without reasonable accommodations.
“What’s Your Sexual Orientation?”
Your sexual orientation has nothing to do with whether you’ll be able to get the job. This question is prohibited in most places by anti-discrimination laws. It makes the interview uncomfortable & hostile, which is unfair to the candidates.
“What’s Your Political Affiliation?”
Talking politics in the workplace is toxic & it isn’t appropriate to bring it up during an interview. This is an irrelevant question to job performance & may cause bias or favoritism. What employers want to see is your abilities – not your political views.
“Have You Ever Been Arrested?”
Asking about arrests without a conviction is almost never allowed – since it doesn’t constitute evidence. In most states, this question is banned by law as it discriminates against certain groups of people. Employers are able to query about particular things which are directly relevant to the work, but only under a legal framework.
“What’s Your Credit Score?”
You can’t get a job based on your credit score (well, except for certain financial jobs). It can be a violation of the Fair Credit Reporting Act (FCRA) to ask for it unless you have a good job reason. This question can also discriminate against those who are economically marginalized.
“Do You Drink Alcohol or Use Dr**s?”
Discrete questions about drinking & drugs are invasive. The Americans with Disabilities Act (ADA) shields those recovering from addiction or on medication. Employers care about whether you can live up to workplace standards, not your personal habits.
“What’s Your Native Language?”
Asking about your native language can lead to discrimination based on your ethnicity or background. For some jobs, language abilities might be necessary but employers should care about ability, not your background.
Disclaimer: This list is solely the author’s opinion based on research and publicly available information.
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