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:
- Sex (including pregnancy)
- National origin
- 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.
|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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