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20 Interviewer Questions NOT to Ask to Stay out of Hot Water

01 Mar 2016 11 Comments

by anitaclew in Managers / Supervisors Tags: ADA, Anti-discrimination, Civil Rights Act, Employer interview questions, Hiring prejudice, Illegal job interview questions, Inappropriate interview inquiries, Job application, Job Interview discrimination, Job queries against the law, Title VII, USERRA, What to legally ask

Anita,

As a small business owner, I rarely need to interview and hire. Recently, I had a woman come in for an interview and after she introduced herself, I asked about the origin of her unusual name. One of my team members later told me to be careful; that question could have been illegal. Really, Anita?! I was just making polite conversation. I’m no HR expert, so what should I watch out for in the hiring process to keep me out of legal hot water?

Dear, Inquiring Mind,

What’s considered appropriate cocktail party small talk could be a legal faux pas in the world of Human Resources. You’ve heard, “There’s no such thing as a stupid question”? Well, there is in job interview situations!

Some questions may seem perfectly innocuous, but inquire with caution. By federal law, it is illegal for companies with more than 15-20 employees to base employment decisions on the following protected characteristics: Questions_iStock_000061208998

Race
Color
Religion
Sex (including pregnancy)
National origin
Disability
Age (40 and over)
Genetic information

Read up on the federal laws prohibiting job discrimination – Title VII of the Civil Rights Act, The Pregnancy Discrimination Act, The Age Discrimination in Employment Act, Americans with Disabilities Act (ADA), Genetic Information Nondiscrimination Act, The Uniformed Services Employment and Reemployment Rights Act – and research any individual state laws.

Sometimes, a bona fide occupational qualification (BFOQ) may allow you to ask certain questions. Say you are a women’s clothing manufacturer. You may ask model applicants if they are female, as it is a job necessity to properly parade your product.

Below are 20 Questions that are illegal or inappropriate. With a little tweaking, you can get the information you desire on applications and in interviews without any legal repercussions.

	DON’T ASK	REPHRASE
1	Where are you from? Are you a U.S. citizen?	Are you eligible to work in the United States?
2	Is English your first language?	In what languages are you proficient?
3	You have such pretty skin. What race are you?	We have an affirmative action program; would you like to voluntarily reveal your race?
4	How old are you? (Unless you are interviewing a teenager to ascertain if they can work in a limited, non-hazardous job)	Are you the minimum age required to perform this job? (For those who obviously are over 18, “Tell me about your experience.”)
5	When did you graduate?	Do you have a degree?
6	Are you married?	– (After hiring, you may collect contact/beneficiary information about spouse or domestic partner)
7	What is your maiden name?	Would you have any work experience or references under another name?
8	Are you pregnant?	– (Note: This is a question that can turn into an embarrassing situation in your personal life, as well!)
9	How many kids do you have?	Are you able to travel for this job? (After hiring, you may ask for depending information for tax/insurance purposes.)
10	What are your childcare arrangements?	Are you able to work overtime on short notice?
11	If you plan to have a family, would you return after maternity leave? / How long do you plan to work before retiring?	What are your long-term career goals?
10	How far would your commute to our office be?	Will you be able to start work each day promptly at 8:00 a.m.?
12	What type of discharge did you receive from the military?	What education or experience did you gain during your stint in the military that relates to the job duties required?
13	Which religious days do you observe?	Will you be able to work weekends for this position?
14	Do you belong to any clubs or organizations?	Do you belong to any professional or trade groups relevent to our industry?
15	What exactly is your disability?	Can you perform the essential job tasks with reasonable accommodation?
16	Have you ever been arrested?	Have you ever been convicted of a crime?
17	Do you have any outstanding debt?	Since you will be in charge of collections for our company, can you tell me how well you balance your personal finances?
18	Do you drink?	– (Surprised? Alcoholism is protected under the ADA)
19	Have you ever been addicted to drugs?	What illegal drugs have you used in the last six months? (Past, but not current, drug addiction is protected under ADA Note: you cannot ask about prescription drugs.)
20	How much do you weigh?	Are you able to lift boxes weighing up to 50 pounds?

Here’s a simple rule of thumb: If it’s not job-related, don’t ask!

Readers: Have you ever been asked an inappropriate or downright illegal question during a job interview? How did you respond?

Do you have a job-related question? Ask Anita.

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You Name It

15 Dec 2015 6 Comments

by anitaclew in Job Seekers Tags: Email address, Email alias, Email handle, First impressions, Job application, Job search email, Professional email, resume

Dear Readers,

When fulfilling requests for my e-books, I’ve noticed some email addresses that stand out – and not in a good way. In our electronic communication age, your email handle is one of the first things a future employer will see. And I’ve seen some doozies! A few rules for your email address:

No reference to alcohol or drugs. Do you really think a hiring manager will take a chance on LuvTequila@sloshed.com?
Avoid including your favorite sports team. Cheesehead4ever, your potential interviewer may be a rabid fan of the arch rival Chicago Bears.
Nothing suggestive, HotnSexy@inappropriate.com
Nothing cutesy, either, Babycakes1989.
Don’t use the year in your email; it may give away your inexperience if you’re a newly minted graduate or conversely, indicate if you’re a bit, er, long in the tooth.

It’s a good idea to keep a separate email account for all of your professional communications. With free email accounts available from your local internet provider or Gmail, there’s no excuse not to open a job seeking account, and to check it regularly. A work-appropriate email address can be as simple as firstname.mi.lastname@yourprovider.com. To avoid any gender discrimination, use the first initial-dot-last name approach. Of course, the John Smiths and Mary Joneses of the world may have to add a bit of creativity to obtain an address not already taken.

Readers: Do you have a separate email account for your job-seeking activities?

P.S. If you would like to receive a complimentary copy of my e-books, Anita Clew’s Guide to Better Résumés or Anita Clew’s Jitter-Free Guide to Job Interviews, just click on the link and leave me your most professional email address!

Why All the Cut & Paste?

08 Dec 2015 5 Comments

by anitaclew in Job Seekers Tags: Applicant Tracking Systems, Apply online, ATS, Capitalization, Job application, resume

Ms. Anita,

I would like to know why all the applications when you have a résumé?

Dear, Cutting Corners,

Bothersome, isn’t it? Cutting and pasting information from your already attached résumé makes applying for position postings online seem like a full-time job in and of itself. And for the unemployed, it is your primary goal. So, although it may seem a hassle, do what your future employer asks of you, and fill out the online application to their specifications.

Some job application systems are formatted to use the data you enter to match you with open positions, as it is much faster than a human resources professional personally reviewing each and every application for key words and phrases. These HR pros want the information in the format they require rather than having to search for it wherever you happened to include it (if at all) in your résumé. So skip the extra application step at your peril. You may not even be considered for the job, or you’ll look like someone who cannot follow directions or is simply lazy. (Now, now. I don’t want to hear you calling these hiring managers lazy; they often get hundreds of résumés for online job postings. The onus is on you to make selecting your application easier.)

While we’re on the subject of filling in online job applications, please pay attention to capitalization. I hate to see apps with names or other proper nouns typed in all lower case. That’s just as bad – no, worse – than SHOUTING in all caps. After all, you are smarter than a 5^th Grader, aren’t you?

Readers: Go ahead; have a little rant below about all the extra work of filling out online job applications. Then… do it anyway.

Do you have a job-related question? Ask Anita.

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The Dreaded Salary Requirement Conundrum

10 Nov 2015 3 Comments

by anitaclew in Job Seekers Tags: cover letter, Desired salary, interview, Job application, Job benefits, salary negotiation, Salary requirements

Anita,

Why don’t employers put the pay rate or salary in their job postings? It would sure save everyone on both sides a lot of time. I never know what to put when the ad says to include your salary requirements. I don’t want to ask for way too much and blow my chance to even get an interview. But if they pay more than I am used to, I don’t want to cheat myself either. What do you suggest?

Dear, Waging War,

Many employers choose not to list salary ranges. Candidates will almost always negotiate for the high end of the range and if they don’t get the max, they may end up with lingering resentment. Another consideration for large employers hiring nationwide is the wide discrepancy in costs of living. A yearly salary of $50K in San Francisco won’t provide much buying power, but the same salary in a Detroit suburb may provide a middle class lifestyle.

If salary requirements are requested in a job posting, be sure to comply or risk looking like an applicant who can’t follow instructions or does not pay attention to detail. But, just like you shouldn’t bring up salary at the beginning of the interview process, wait until after you sell yourself in the cover letter. Then, include a salary range instead of just one number. Remember, this is a negotiation, not a demand. If you really won’t accept less than say $40,000, state your salary range is between $41,000-$46,000. (I prefer non-rounded numbers; it sounds like you really figured out what you’re worth and what you need to cover your expenses. And you did research comparable positions on Salary.com, Payscale.com, or Glassdoor, right?)

You may be able to avoid giving a number with a phrase such as, “My salary requirements are negotiable based on the position and the total compensation offered, including benefits.” Remember when negotiating that perks such as holidays/vacation time/PTO, flex-time, company-paid professional development opportunities or even bringing your dog to work can make a job offer more attractive than salary alone.

The salary discussion is always fraught with tension, but look at it this way: If you really need a certain wage, why waste time interviewing for a position that won’t even pay the bills?

Readers: Do you have a strategy for the salary requirement question on a job application or during an interview?

Do you have a job-related question? Ask Anita.

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Crimes and Misdemeanors

31 Mar 2015 8 Comments

by anitaclew in Job Seekers Tags: Arrest, Ban the box, career, Criminal history, Criminal records, Disclosure, DUI, Expunge record, Felonies, fired, Job application, job search, Misdemeanors, Nonviolent offenses

Dear, Anita,

I worked for a company for a total of 13 years, in 2010 I caught a charge that was a misdemeanor but still continue to work for the same company for 2 more years, then got fired for what they say was misconduct. Now I’m having problems trying to find a job, I’ve been applying for jobs ever since August of last year, hoping that something will fall through for me soon. Any advice for me?

Dear, Miss Demeanor,

I get quite a few inquiries from job seekers with criminal records, both felonies and misdemeanors. (My post Disclosure of a DUI is one of my top 5 posts of all time.) It’s not surprising since nearly one-third of Americans have been arrested by age 23, a National Institute of Justice article observes. Criminal records range from one-time arrests where charges are dropped to serious repeat offenders, but most arrests are for relatively minor nonviolent offenses.

Since you have a misdemeanor on your record and you’ve been fired, that could count as two strikes against you in the eyes of a potential employer. Check out my blog Explaining Away “You’re Fired.” Since you worked at the company for 13 years, you must include it on your résumé and applications. The misdemeanor, however, may be a different story, depending on where you live. In recent years, some cities and states have prohibited public and sometimes private employers from asking for criminal histories. See the areas with “Ban the Box” policies at the National Employment Law Project (NELP). Positions in fields such as law enforcement, education, or care giving may require full criminal record disclosure, even misdemeanors. Be sure to read applications carefully; some only ask about felonies and not misdemeanors. Others may state a specific time period, such as “in the last seven years.” You don’t want to hide it, as it will come out if and when an employer performs a background check.

The U.S. Equal Employment Opportunity Commission (EEOC) offers guidelines for employers on consideration of job applicants’ criminal histories. While these are not policy or law (so not really enforceable in many states), the top three factors employers should consider are: 1) the nature and gravity of offense, 2) time lapse since the offense, and 3) the nature of the job. While an employer with an open accounting position should be hesitant to hire someone who, say, embezzled from a charity, a middle-aged candidate with one sole DUI from college days might fill the position without any issues. Try to apply to jobs that have nothing to do with your infraction (so no driving jobs if you have a DUI on record).

If your misdemeanor is really holding you back, consider having it expunged from your record (sealed from all but law enforcement). The procedure varies from state to state, so you may wish to consult an employment attorney.

Job Seekers: How have you gotten a job with a misdemeanor on your record?
Hiring Managers: Do you have any advice on how job seekers can best present any criminal records?

Do you have a job-related question? Ask Anita.

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20 Interviewer Questions NOT to Ask to Stay out of Hot Water

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Job Talk with Anita Clew

20 Interviewer Questions NOT to Ask to Stay out of Hot Water

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You Name It

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Why All the Cut & Paste?

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The Dreaded Salary Requirement Conundrum

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Crimes and Misdemeanors

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