Perhaps the questions that stump most candidates-and
cause them the most stress-are
illegal questions, questions that probe into
their personal lives and backgrounds. Illegal
questions are rarely intentional; it is more likely
that the interviewer is inexperienced or unfamiliar
with the laws governing employment interviews.
Rather than assume the worst, remain polite and
shift the focus from your personal life to your
skills and abilities.
There are federal laws that protect employees
against discrimination in the workplace. Title
VII of the Civil Rights Act of 1964 (amended in
1991) prohibits discrimination against any person
based on race, sex, age, national origin, or religion.
Title I of the Americans with Disabilities Act
of 1990 covers employment of persons with Disabilities.
The Pregnancy Discrimination Act is an amendment
to Title VII of the Civil Rights Act of 1964,
which states that discrimination on the basis
of pregnancy, childbirth, or related medical conditions
constitutes unlawful sex discrimination under
Title VII. The Age Discrimination in Employment
Act of 1967 protects individuals who are 40 years
old of age or older from employment discrimination
based on age. Additionally, many states, such
as New York and California, have laws that protect
people against discrimination in pre-employment
interviews.
As a general rule, employers cannot base hiring
policies on stereotypes or general opinions about
certain groups; for example, that women are better
suited for certain occupations than men. While
the laws are quite clear that it is unlawful to
discriminate on the basis of religion, gender,
or national origin, there are circumstances where
any of these factors is "a bona fide occupational
qualification reasonably necessary to the normal
operation of that particular business or enterprise."
However, the law says that race or color can never
be a bona fide occupational qualification. Interviewers
should ask questions that focus wholly on the
position and your qualifications. You are not
obligated to disclose any information that does
not relate to your ability to carry out the job.
Nor is it a good idea to volunteer this information.
What constitutes an illegal question? Here are
some examples:
Acceptable |
Unacceptable |
Have you worked
for this or other companies under a different
name? |
What is your
maiden name? |
Are you over
18 years of age? |
What is your
date of birth? What is your age? |
This job requires
work on the weekend. Is that a problem? |
What religion
do you practice? |
Does this company
employ your spouse? |
Are you single
or married? |
What languages
do you read, write, or speak fluently? |
What is your
native language? |
Can you perform
this function with or without reasonable accommodation?
|
Would you need
reasonable accommodation in this job? |
Do you have
20/20 corrected vision? |
What is your
corrected vision? |
How many days
were you absent from work last year? |
How many days
were you sick last year? |
Do you drink
alcohol? |
How much alcohol
do you drink per week? |
If you are asked a personal question, you need
to decide whether or not you want to answer. The
question may seem innocent enough that you won't
mind answering it. On the other hand, you may
feel caught between a rock and a hard place when
asked an inappropriate question. If you do answer
the question, you could be providing information
that could result in your not getting an offer.
If you don't answer it, you appear uncooperative.
If you challenge the question, you risk appearing
argumentative.
If you begin to feel uncomfortable and think
that the line of questioning has become too personal,
ask the interviewer to explain the relevance of
such questions to the position. If you feel that
the interviewer's questions have truly crossed
the line, a call to the Human Resources Department
may be warranted. If you choose to make this call,
be sure to maintain a professional tone and stick
to the facts.
Remember that the goal of the interview is to
get a job offer. Later, if you should decide that
this is not the company for you, you can always
reject the offer.
For more information about the entire interview
process, The
Interview Handbook, published by the ACS Department
of Career Services, is your guide to the various
techniques and skills needed to interview successfully.
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