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We all know that there are some questions that interviewers can’t ask during an interview. What are they? There is a lot of speculation about these questions, but job seekers need to understand the line between illegal and not illegal. This post will cover some of those things, so you’ll know what your interviewer isn’t allowed to ask.
If you are responsible for hiring employees, you must be very careful when interviewing possible candidates for employment. Some questions, while seemingly innocent, can result in a discrimination lawsuit against your organization. Fortunately, there are ways to get the information you need without making your company vulnerable to a case.
Illegal Question #1: “What Religious Holidays do you observe?
It is natural to know about any potential scheduling issues before hiring an employee as an employer. The law forbids discrimination based on religion. However, asking this type of question could make your business susceptible to a lawsuit, even if the candidate’s faith had no part in your hiring decision.
You can ask about the candidate’s availability without mentioning religion to avoid a potential lawsuit. A candidate’s faith should never be a part of your conversation.
Illegal Question #2: “Typically, we employ a man/woman for this position. Can you handle this job?
Discrimination based on gender is illegal. Therefore, bringing gender into the conversation should be avoided at all costs.
If you talk about the candidate’s gender, they could believe your decision is based on their gender. So if you want to avoid a lawsuit, leave gender out of the conversation.
Illegal Question #3: “Are you planning to have children?”
Asking questions that could involve marital or parental status can also open you up to a lawsuit. Therefore, while it is understandable that you would be worried about a candidate’s lack of accessibility due to parental obligations, this is still not a legitimate question to ask during an interview.
If you require this inquiry and then employ somebody else, it could cause the rejected candidate to believe that you didn’t hire them because they have children or are married. So, just like the religion question, you want to ask questions about availability directly without bringing up children or marital status.
Illegal Question #4: “How old are you?”
Discrimination based on age can also be considered actionable. However, the only good line of inquiry is whether or not the candidate is legally old enough to work when it comes to age.
One of the reasons interviewers will wonder about a candidate’s age is because they want to know how long the candidate plans on working at their company. In this case, the interviewer should ask about their long-term career plans instead of bringing up their age.
Illegal Question #5: “Do you take drugs?”
This question may seem legitimate, but it’s an illegal question. In addition, asking this question could lead the candidate to believe that they are being asked about prescription medication.
It is illegal to discriminate against a candidate based on a disability or medical condition. This type of question can leave your company-wide open for a lawsuit.
It is easy to get sued for discrimination, but you can avoid having issues arise if you exercise sound judgment when interviewing candidates. If the candidate brings up any of these subjects themselves, you will need to steer the conversation away from that subject as smoothly as possible. If you’re unsure which questions are acceptable, consult an attorney or HR professional.
How to Deal with Illegal Interview Questions Without Losing Your Cool
What to do when an interviewer asks illegal questions? This is a question that many people ask themselves. Unfortunately, one wrong answer can cost you the job, so knowing how to react in these situations is essential.
You should keep three things in mind when an interviewer asks illegal questions. First, never answer any unfair question honestly. Even if one of these questions might be interesting, the potential employer doesn’t have the right to know this information about you. Second, if you are unsure about something being an illegal question, don’t take any risks and ask the interviewer what they want to know in more detail. And finally, if possible, use humour when answering these questions without giving anything away that could hurt your chances of getting the job.
What are the Reasons behind the Ban on Some Interview Questions?
In many cases, interviewers are banned from asking questions about race, religion, national origin, age, sex or marital status. This is because these questions are not related to the interview position. At the same time, it is essential to note that some of these topics can be asked concerning the work environment.
Interviewers should ask only relevant questions that will help gauge if the applicant has what it takes for this particular job. Before interviewing, they should also have a well-defined plan to know what kind of people they want to hire and why.
What Questions Should Interviewer Ask at the End of an Interview?
It is essential to ask the candidate if they have any questions about the position or company. This will enable you to see if they are interested in the job and their concerns before deciding.
To conclude a job interview, offer the candidate a chance to ask more about the position or company. If you have not done so, this is your last chance to find out more information from them that you may have overlooked during your interview.
We hope this article has helped help you understand what interviewers are not allowed to ask. If you have more questions about the topic, please get in touch with us at any time. Good luck with your following interview!
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Reference:
https://www.eeoc.gov/employers/small-business/4-what-cant-i-ask-when-hiring
https://shr.ucsc.edu/talent-acquisition/fair_hiring/interviews.html
https://knowhow.ncvo.org.uk/how-to/how-to-avoid-illegal-or-innapropriate-interview-questions
https://www.eeoc.gov/pre-employment-inquiries-and-religious-affiliation-or-beliefs
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