Illegal Interview Questions

July 5, 2008 By Mary White

When you’re interviewing prospective employees, it’s very important that you avoid any questions that could be construed as discriminatory. According to Title VII of the Civil Rights act, employers cannot make hiring or promotion decisions that have anything to do with an individual’s status as a member of a protected class.

Understanding Protected Class StatusIt’s important to avoid asking any questions that tie to whether or not a potential employee might be a member of a protected class. That’s why it’s important to avoid asking questions that relate to such matters. If you find out potentially discriminatory information during the interview process, you could find yourself facing assertions of discriminatory hiring practices that could open you up to a possible Equal Employment Opportunity Commission (EEOC) investigation and/or civil litigation.

Under federal law, the following characteristics are considered protected classes:
*Race
*Gender
*Ethnicity
*Religion
*Age (over 40)
*Color
*Military or veteran status
*Disability

Further, in some states, additional characteristics are considered protected classes. In Florida, for example, age discrimination is not limited to individuals age 40 and over. Rather, age in and of itself is considered a protected class, and employers cannot factor age into hiring decisions. There are several states where marital status and sexual orientation fall under the definition of protected class.

Keeping Your Questions Legal
Ethnicity Example: Do not ask questions that reveal information regarding whether or not an applicant is a member of a protected class status. For example, it’s one thing to ask an applicant if he or she has the legal right to work in the United States. This question does not tap into the person’s ethnicity, but rather addresses your legal obligations as an employer. After all, as an employer, you have to verify that everyone you hire is eligible to work.

If you go further with questions about national origin, however, you may be treading on dangerous ground. Don’t ask questions that may be construed as attempting to determine ethnic background such as:
*Is English your first language?
*What language did you speak at home?
*Did you learn to speak English in America?
*What language do your parents speak?

Age Example: There’s no reason to ask an applicant his or her age during the interview process, unless you’re trying to verify whether or not a person is legally old enough to be employed with your company. It’s illegal to choose to avoid hiring or promoting individuals who are over the age of 40.

While most employers realize that they shouldn’t come out and ask for age specifically, they often ask other questions that tap into this protected class. Examples of age related questions to avoid include:
*When did you graduate from high school?
*What year did you start school?
*When did you start driving?
*How old are your parents?

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