bigway 4 #1 December 26, 2007 Quote Although HR departments should be aware of questions that are illegal to ask prospective employees, some hiring managers aren’t so savvy. Many illegal questions are easy for just about anyone with elementary social graces to avoid, but others might surprise you. In general, you should not ask interviewees about their age, race, national origin, marital or parental status, or disabilities. Note that this list offers only some very broad guidelines and is not exhaustive. Check with your company’s HR department to see if your state or locality, or even your company, has additional restrictions on what you may ask. Note: This information is also available as a PDF download. #1: Where were you born? This question might seem like small talk as you get to know a person, but it could also be used to gather information illegally about the candidate’s national origin. Although it may seem more relevant, you should also avoid asking, “Are you a U.S. citizen?” You can ask whether a candidate is authorized to work in the United States, but avoid asking about citizenship. #2: What is your native language? Again, the problem is that this question could be used to determine national origin. You can ask whether the person knows a language if it is required for the job. For example, if job responsibilities include supporting Spanish-speaking customers, it’s fair to ask whether the candidate speaks Spanish. #3: Are you married? Here’s another question that would seem innocent in most settings, but definitely not in a job interview. Because you can’t discriminate on the basis of marital status, this question is off limits. #4: Do you have children? This might sound like small talk, too — an innocent question in most settings — but not in a job interview. It’s covered by a general prohibition about discrimination over parental status. #5: Do you plan to get pregnant? In the past, employers sometimes asked this question to weed out women who might take a maternity leave. It has always been rude coming from a casual acquaintance, and now it’s illegal as well. #6: How old are you? Some companies used to avoid hiring older workers for a variety of reasons, ranging from a fear of higher healthcare costs and absences to a social bias in favor of youth. But age discrimination is clearly illegal, and you should avoid this question. Don’t try to get the information by asking when the person graduated from college, either. #7: Do you observe Yom Kippur? You can’t discriminate on the basis of religion, so this question is illegal, as would be asking about Good Friday, Ramadan, or the Solstice. If you’re concerned about the candidate’s availability, you could ask whether he or she can work on holidays and weekends, but not about the observance of particular religious holidays. #8: Do you have a disability or chronic illness? This information is not supposed to be used as a factor in hiring, so the questions are illegal. If the job will require some specific physical tasks, such as installing cables in walls and ceilings, you may ask whether the person could perform those tasks with reasonable accommodation. #9: Are you in the National Guard? Although some managers may find it disruptive when employees leave for duty, it’s illegal to discriminate against someone because he or she belongs to the National Guard or a reserve unit. #10: Do you smoke or use alcohol? In general, you can’t discriminate on the basis of the use of a legal product when the employee is not on the premises and not on the job. Tip: To avoid asking the wrong questions, develop an interview form and use a copy of it for each candidate. It will document that you asked each interviewee the same questions. Failing to do so may establish a pattern that could seem discriminatory. For example, if you ask only women about their willingness to travel, thinking that the responsibilities of childcare would make them balk at business trips, you could establish a pattern of discrimination. .Karnage Krew Gear Store . Quote Share this post Link to post Share on other sites
jtval 0 #2 December 26, 2007 I was worried that I couldn't ask: Can I see your boobs on thursdays?My photos My Videos Quote Share this post Link to post Share on other sites
Andy9o8 0 #3 December 26, 2007 QuoteI was worried that I couldn't ask: Can I see your boobs on thursdays? Well that pretty much guarantees the thread will stay in Bonfire. Quote Share this post Link to post Share on other sites
Snowwhite 0 #4 December 27, 2007 QuoteQuoteI was worried that I couldn't ask: Can I see your boobs on thursdays? Well that pretty much guarantees the thread will stay in Bonfire. IIRC, Monday is the only banned boobie question day. Something about the disruption of the work week?skydiveTaylorville.org [email protected] Quote Share this post Link to post Share on other sites
jtval 0 #5 December 27, 2007 I would figure that "monday boobage" would be encouraged since it'll get everyone to work on time.My photos My Videos Quote Share this post Link to post Share on other sites
jsaxton 0 #6 December 27, 2007 You can't ask "Are you on an H1 visa?" Buy you CAN ask "Can you start tomorrow?" ;) Quote Share this post Link to post Share on other sites
Snowwhite 0 #7 December 27, 2007 obviously, I've gotten my days of the week mixed up again. I need to bring a bottle to work to keep my mind clear.skydiveTaylorville.org [email protected] Quote Share this post Link to post Share on other sites
micro 0 #8 December 27, 2007 QuoteI would figure that "monday boobage" would be encouraged since it'll get everyone to work on time. Can you ask what their interpretation of "hump day" is and if they're open to modifying it if it doesn't fit your interpretation? I miss Lee. And JP. And Chris. And... Quote Share this post Link to post Share on other sites
happythoughts 0 #9 December 27, 2007 I do a lot of telephone interviews, so I always ask, "What are you wearing?" Quote Share this post Link to post Share on other sites
-Scatter- 0 #10 December 28, 2007 Of course, there are actually number-of-employee threshholds for most of these. As a 2 man shop, you CAN discrimiante based on just about anything you want. The more you know... Quote Share this post Link to post Share on other sites