Illegal Interview Questions

[TheCommuter]

The interview process can be daunting and downright stressful to some candidates because there are so many questions that the interviewer might ask. However, keep in mind that there are many illegal questions that the interviewer is not supposed to ask under any circumstances. These questions are off-limits because they ask the candidate to discuss information about personal issues such as age, religion, race, marital status, and other protected categories.

However, some interviewers still do ask illegal interview questions in this day and age. Here is a list of questions that interviewers should not ask.

Queries about age.

Interviewers are permitted to ask if you are at least 18 years of age to make sure that applicants are legally old enough to work. However, specific questions about age are not allowed. Questions about specific dates of school attendance are not permitted. Interviewers are not allowed to ask for a copy of your birth certificate.

Queries about one's criminal record.

The interviewer may question applicants about arrests, charges, or convictions significantly related to the job for which you are applying. The interviewer may not ask about arrests or charges that do not significantly pertain to the job.

Queries about national origin.

Interviewers are allowed to ask if you are legally authorized to work in the United States. They may not ask about your birthplace or your parents' birthplace. They may not ask, "Are you American?" They are not supposed to ask, "Where are you from?"

Queries about your health status.

All questions about your personal health status are off-limits at all times. The interviewer is not supposed to ask any questions about the health of any of your family members. However, it is perfectly legal to perform pre-employment physicals.

Questions about sexual orientation.

All questions regarding sexual orientation are off-limits at all times.

Questions regarding racial-ethnic background and appearance.

All questions about one's racial-ethnic background are off-limits. Questions about weight, skin tone, complexion, or height are not to be asked by interviewers.

Queries about religion.

The interviewer is allowed to discuss the work schedule and ask if you are able to follow it. However, the interviewer may not ask about religious preferences, places of worship, affiliations, denominations, or symbols of religion.

Questions about marital status and family.

The interviewer is legally not allowed to ask if you are married. The interviewer is not supposed to ask if you are pregnant or have children. The interviewer should not ask about your current living arrangements.

Questions about disabilities.

All questions about your disability status should be off-limits. However, the interviewer is permitted to ask if you are able to perform the essential functions of the job for which you are applying. The interviewer may also ask about accommodations.

Questions about military service.

The interviewer may ask about prior military service as it pertains to the job. The interviewer may not ask about type of discharge (honorable, dishonorable, etc.) or current registration status.

Queries about credit histories.

The interviewer may obtain a credit report if the job involves financial responsibility or access to cash, insurance information, or personal data. Specific questions about credit ratings or credit scores are disallowed since they do not specifically pertain to work performance.

If an interviewer asks an illegal question, you have three options. You can answer the question. You may also refuse to answer the question. Finally, you may ask how the question pertains to the requirements of the job opening. Good luck to you!

[luv2]

I do not think so because most interviews I go on ask the majority of these questions.

[TheCommuter, BSN, RN]

I do not think so because most interviews I go on ask the majority of these questions.

Although these questions are illegal, this fact does not stop some interviewers from asking them. The bottom line is that the questions are still illegal.

Some interviewers will ask this stuff outright, especially if they think the candidate does not know any better or is too unsophistocated to know that the questions are not legal.

Other interviewers will make the queries in a roundabout, sneaky manner. Back in 2009, one manager asked, "So, where are you from?" This question was illegal because it can reveal personal information about race, national origin, etc.

Another DON said to me, "So, do you want to discuss this with your husband before making a decision?" I was not married, but perhaps she made the statement to covertly learn more information about my family setup and living situation.

A recruiter said to me during an interview, "The insurance will be free for you, but not for any spouse or dependents that you add." Again, this may have been a sneaky attempt to glean some insight into members of my household.

BTW, I'm a single female with no spouse or kids who was born and raised in southern California, but now lives in TX.

[whoa-now]

The last employer I worked for had me sign a "full disclosure" document as part of the application process. Also on some applications there is a clause that states "this or that company" has permission to have full disclosure of information that may, or may noy pertain to the position applied for and then you have to sign the application. Does this give them permission then to delve into anything and evertythng about you. Whether it be to ask you the applicant (or employee), or to talk to others about you?

[adnrnstudent, ASN, RN]

I will never understand why pre-employment physicals are legal.

[TheCommuter, BSN, RN]

The last employer I worked for had me sign a "full disclosure" document as part of the application process. Also on some applications there is a clause that states "this or that company" has permission to have full disclosure of information that may, or may noy pertain to the position applied for and then you have to sign the application. Does this give them permission then to delve into anything and evertythng about you. Whether it be to ask you the applicant (or employee), or to talk to others about you?

This still does not give the interviewer the right to ask illegal questions. However, if you sign the disclosure statement, you might have to reveal personal information that will enable them to conduct a background check, such as a date of birth, social security number, and address history for the past seven years.

Click on the link below to see a sample of a disclosure document.

http://www.k-state.edu/hr/forms/per59.pdf

[TheCommuter, BSN, RN]

I will never understand why pre-employment physicals are legal.

Eleven years ago, when I was 20 years old, I was offered a job at a factory. The offer was contingent upon passing a pre-employment physical exam.

The exam took about 30 minutes and determined my ability to simulate the repetitive moves that I would be making at the factory. I had to demonstrate my ability to lift 50 pounds, lift strangely-shaped objects, push, pull, and all sorts of stuff.

I worked at the factory for three years, and in hindsight, I now see why they required the physical exam. The job at the factory was brutally physical, and there's no way a person could hack it if they could not lift, push, and pull.

Jobs that require a great deal of physical labor should, in my opinion, require pre-employment physicals. However, more sedentary positions have no need for physical exams prior to employment.

[VickyRN, MSN, DNP, RN]

I have attached two more documents I have found in searching the Internet on a related topic. These may be helpful to the discussion.

Guidelines for Non-discriminatory interviewing_2012.pdf

Interviewing an Applicant with Disabilites.pdf

[TheCommuter, BSN, RN]

I have attached two more documents I have found in searching the Internet on a related topic. These may be helpful to the discussion.

Thanks again!

[ErisEDRN1Day]

Does this apply to the application you fill out as well? Because every application I fill out asks for criminal background information. One even asked if I had broken ANY law EVER. Which I thought was kind of strange. Even for my CNA clinical portion they did a background check not based on convictions, but based on charges.

Or is this pertaining to only the actual face to face interview?

Im sorry if this is a repeat question or posted in the incorrect section. I am very new.

[ceccia]

I like to answer inappropriate questions in a way that immediately puts the subject back onto work-related things AND lets the interviewer know that i know s/he is being inappropriate.

an actual example from an interview (where i did get the job):

"where are you from?"

"New York, blah blah blah small talk about how delightful the city we're currently in is. (at this point i give her the benefit of the doubt and assume she's just trying to get a feel for my personality /social skills /conversational style)

"where are you *really* from?"

"you mean originally? I'm Italian, and yes I am legally allowed to work in the US." (bringing it back to work-related topics!)

"oh ok! My husband and I went to Italy last year, it was lovely. I thought maybe you were middle eastern. Couldn't be sure though...so you're not Muslim?"

"no..."

"well I guess not, you must be Catholic, right?"

"I understand what you're trying to ask; you want to make sure I don't have obligations that would prevent me from working weekends. Yes, i am available to work weekends on a regular basis."

[TheCommuter, BSN, RN]

"...I thought maybe you were middle eastern. Couldn't be sure though...so you're not Muslim?"

Or perhaps the interviewer had a conscious bias against people of Middle Eastern extraction. Since 9/11/01, nothing surprises me anymore.

[ceccia]

Or perhaps the interviewer had a conscious bias against people of Middle Eastern extraction. Since 9/11/01, nothing surprises me anymore.

yep. i suspect you're right.

Another time I had an interviewer do the "where are you *really* from?" thing, I feigned confusion for a second and then acted as if i'd had a "lightbulb moment" and the strange personal question made sense now. "you're asking about languages! In addition to being fluent in English, I am comfortable conversing with patients in Italian and French as needed."

the key to deflecting illegal questions is keeping body language, facial expression, and tone of voice professional and positive. if all those things are on point, you can dodge inappropriate questions like a boss and take control of the conversation.