Steer clear of these 10 illegal job interview questions

[emailroy2002]

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Steer clear of these 10 illegal job interview questions
Author: Suzanne Thornberry
From the source: 10 things you can do to keep your IT job from taking over your life | TechRepublic

Although HR departments should be aware of questions that are illegal to ask prospective employees, some hiring managers aren't so savvy. Many illegal questions are easy for just about anyone with elementary social graces to avoid, but others might surprise you. In general, you should not ask interviewees about their age, race, national origin, marital or parental status, or disabilities.

Note that this list offers only some very broad guidelines and is not exhaustive. Check with your company's HR department to see if your state or locality, or even your company, has additional restrictions on what you may ask.

Note: This information is also available as a PDF download.

1: Where were you born?
This question might seem like small talk as you get to know a person, but it could also be used to gather information illegally about the candidate's national origin. Although it may seem more relevant, you should also avoid asking, "Are you a U.S. citizen?"� You can ask whether a candidate is authorized to work in the United States, but avoid asking about citizenship.

2: What is your native language?
Again, the problem is that this question could be used to determine national origin. You can ask whether the person knows a language if it is required for the job. For example, if job responsibilities include supporting Spanish-speaking customers, it's fair to ask whether the candidate speaks Spanish.

3: Are you married?
Here's another question that would seem innocent in most settings, but definitely not in a job interview. Because you can't discriminate on the basis of marital status, this question is off limits.

4: Do you have children?
This might sound like small talk, too an innocent question in most settings but not in a job interview. It's covered by a general prohibition about discrimination over parental status.

5: Do you plan to get pregnant?
In the past, employers sometimes asked this question to weed out women who might take a maternity leave. It has always been rude coming from a casual acquaintance, and now it's illegal as well.

6: How old are you?
Some companies used to avoid hiring older workers for a variety of reasons, ranging from a fear of higher healthcare costs and absences to a social bias in favor of youth. But age discrimination is clearly illegal, and you should avoid this question. Don't try to get the information by asking when the person graduated from college, either.

7: Do you observe Yom Kippur?
You can't discriminate on the basis of religion, so this question is illegal, as would be asking about Good Friday, Ramadan, or the Solstice. If you're concerned about the candidate's availability, you could ask whether he or she can work on holidays and weekends, but not about the observance of particular religious holidays.

8: Do you have a disability or chronic illness?
This information is not supposed to be used as a factor in hiring, so the questions are illegal. If the job will require some specific physical tasks, such as installing cables in walls and ceilings, you may ask whether the person could perform those tasks with reasonable accommodation.

9: Are you in the National Guard?
Although some managers may find it disruptive when employees leave for duty, it's illegal to discriminate against someone because he or she belongs to the National Guard or a reserve unit.

10: Do you smoke or use alcohol?
In general, you can't discriminate on the basis of the use of a legal product when the employee is not on the premises and not on the job.

Tip: To avoid asking the wrong questions, develop an interview form and use a copy of it for each candidate. It will document that you asked each interviewee the same questions. Failing to do so may establish a pattern that could seem discriminatory. For example, if you ask only women about their willingness to travel, thinking that the responsibilities of childcare would make them balk at business trips, you could establish a pattern of discrimination.

[emailroy2002]

You know what, all of the company applied for asked some of the question... I never thought it was "illegal" for an HR to ask this... He3x.

[YJOB]

ok ra man tingali ni sa atoa, mura pang US man ni nga blog.

diri sa ato way kaso bisan pag pangayoan ka sa HR sa imo celphone number para textmate mo ;D

[victor3]

Can't imagine how its illegal to ask. I for one couldnt help but ask questions on marital status/pregnancy when interviewing applicants because the position demands area relocation.

[catch]

my sister had interview before in iloilo and asked if she is married or not. when she said "yes", she was turned down. now that's what i call discrimination.

[YJOB]

maybe it was clearly a job for single women.

[junmar4]

ok ra man tingali ni sa atoa, mura pang US man ni nga blog.

diri sa ato way kaso bisan pag pangayoan ka sa HR sa imo celphone number para textmate mo ;D

i think these question aren't ok. klaro ni nga mga questions of discrimination.

[chix_gurl]

i think these questions are just fine. it's not discrimination. we also have to understand that there are specific jobs that require certain qualifications and of course, if you to make the company grow, u have to see to it that the person you will be putting for the position is the right person. say for example for questions 1 and 2. some employers, especially call centers, ask these questions(together with some other questions like highest educational attainment, etc) so that the applicant will say something because if you will just ask the applicant to talk about him/herself, the applicant will just tell you 1 or 2 sentences and as we know, call centers are checking for the communications skills. asking the applicant how old he is or if he/she is married or not is also ok. as i've stated earlier, there are jobs that require single men/women and there are also jobs that require certain age limit. u cant just put someone very old for a very stressful job and u cant just put someone very for a very stressful job and aside from that, HR people probe the applicant on how he/she handles stress and allows the applicant to state some personal experience. also, asking what the religion is doesn't matter as well (again, esp with call centers) because as we all know, there is no (philippine)holidays with other companies like the call centers..there are other people who are very religious and who honor holidays, that they can't work during holidays and weekends like the "Sabadista" and other roman catholic people who believe that they are suppposed to attend mass on a sunday and during xmas or new year or any other occasions that the catholic church "requires"(i dont know the right term). and also, there are other people who really wants to celebrate specials occasions with their family especially xmas and new year.


that's all i can say for now kay kapoy na ug type..hehehehe

[FISHPEN]

it would really depend on the position you are applying

[Soggy2]

Sa US rani illegal oi.

Nindot na gyud tingali kaau ang pilipinas kung tinood ni.