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Have
you ever felt uncomfortable about a question someone asked in a
job interview? Frankly, some things are none of your prospective
employer's business. Moreover, many types of questions are not only
inappropriate, but even illegal.
Federal
and state laws like the Americans with Disabilities Act, the Pregnancy
Discrimination Act, the Civil Rights Act of 1964, and others legally
bar interviewers from asking questions about race, sex, sexual orientation,
religion, age, national origin, marital status, or family matters.
While questioners might throw in the odd zinger, questions should
focus exclusively on the position and your qualifications for it.
If
a prospective employer asks an inappropriate question, it puts you
in a delicate position. "Whether
the question is legal or not, you still might have an incentive
to answer it," said Bill Coleman, Vice President of Compensation
at Salary.com. "And you have to consider the implications of
calling the employer's attention to the fact that the question is
illegal."
The
interviewer who asks an illegal question may not know he or she
is breaking the law. It may be intended as idle small talk, an attempt
to get to know you better as a person - so try to put the question
in its intended context. "The reason some questions are illegal
is to prevent potential employers from discriminating against candidates,"
said Coleman, adding that not all inappropriate questions are asked
with discriminatory intent. In fact, it could be the opposite. A
hiring manager who is inexperienced at interviewing, for example,
might have very constructive intentions for asking inappropriate
questions - such as trying to diversify a team. "A constructive
intention doesn't change the legality of the question," said
Coleman, "But it could affect your decision whether to answer
it."
Other
times the intention is to plan carefully for the future of a business.
Venture capitalists are notorious for asking women entrepreneurs
about their plans for having children, something they are allowed
to do as they consider investing in a business, though not when
recruiting executives for a portfolio company. And although most
women entrepreneurs would prefer not to let their pregnancies become
deal points, the people with money to invest would prefer to be
able to expect when their CEO might be expecting.
If
you believe it is in your best interest to defer answering an interview
question, use tact and grace to explain that the question does not
relate to your abilities or qualifications for the position. If
an interviewer's questions make you very uncomfortable, think twice
about whether this is a company you want to work for.
Here
are some examples of illegal job interview questions.
- How
old are you?
- Are
you married?
- How
many times have you been married?
- Are
you in a committed relationship right now?
- How
does your spouse feel about your working here?
- Do
you rent or own your home?
- Whom
do you live with?
- What
is your sexual orientation?
- What's
your ethnicity/nationality?
- What
is your first language?
- Were
your parents born in this country?
- What
is your racial background?
- Are
you religious? Do you attend church?
- Do
you intend to have children? How many?
- Do
you have children?
- What
are your child care arrangements?
- Are
you pregnant?
- Do
you have any disabilities?
- Have
you had any recent illnesses or surgeries?
- Do
you work out regularly?
- Do
you smoke?
- Have
you ever been addicted to drugs?
- What
is your political affiliation?
- What
organizations do you belong to?
- Have
you been injured on the job?
- Have
you ever filed for workers' compensation before?
- Have
you ever declared bankruptcy?
- Where
do you bank?
- Have
you ever been arrested? (Questions about convictions are legal,
however, and are considered to be security measures.)
-
Johanna Schlegel, Salary.com Editor-in-Chief and Brian Braiker,
Salary.com contributor
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