Are you trying to have a family? Do you own a car? Have you ever declared bankruptcy? Once the interview wraps up, note any off-color remarks or questions the interviewer made. Rejecting candidates purely on conviction record has been shown to disproportionately impact some racial groups. That means a prospective employer isn’t likely to say outright that your ethnic group needn’t apply for a job at that company. According to the EEOC, exceptions can be made in cases when information is needed for a “bona fide occupational qualification.” In cases where an employer is worried that a person may not be able to perform the job due to health or disabilities, it is appropriate to ask how they would perform it. How are you related to the people you live with? These include questions that relate to topics protected by discrimination laws, such as: Current or future children. This, too, is illegal. Once again, feel no obligation to respond to such questions or comments. How long did you stay at your last role? Sex, Gender Identity, or Sexual Orientation. Remind the interviewer how long you’ve been in the workforce, the highest level of education you’ve attained and any awards and accolades you’ve received. €ÜÜKw2. What days and shifts can you work? What is your current (or previous) salary? For example asking a receptionist about speeding convictions. Almost always not acceptable unless it is a bona fide occupational qualification. Avoid any questions relating to arrests if it is not directly related to the job or in states where it is illegal to ask. Who do you live with? If this question is important then it is best to ask it later in the interview process so candidates can be excluded for legal reasons first. Are you single? However, many people can relate to being ecstatic about an upcoming interview, only to show up and get a hostile vibe from the prospective employer. This discrimination may be based on age, race, religion, sexual orientation, or other factors. Age. Asking about any of these matters is illegal, and you’re under no obligation to answer such questions. Are there any responsibilities you have that could make it difficult for you to travel for work? How much do you weigh? You can still describe the job and then ask if they can perform all functions. Exemption for employers with less than 20 full-time employees. Do you have a bank account? What year were you born? Directly asking about weekend work could be seen as a proxy question for religious observance. It’s also worth noting that Title VII of the Civil Rights Act of 1964 mandates that “job requirements… be uniformly and consistently applied to persons of all races and colors.” To boot, job requirements that are applied consistently but not important for business needs may be unlawful if they disproportionately exclude individuals from certain racial groups. Sample Interview Questions – Diversity and Equity Direct questions about discharge or non-U.S. military service. This still counts as discrimination, even if an employment relationship has not started. Accurately describe the job then ask the candidate if they can perform all of the functions. What is your current address? Know Which Interview Questions Are Illegal to Ask, 5 Big Companies Sued for Racial Discrimination. Why. Disabilities. If you can definitively prove a specific height and/or weight is required for the job, then it is fine to ask, but this is usually unlikely. Illegal job interview questions solicit information from job candidates that could be used to discriminate against them. What people or companies are doing the best job in our industry? Marital status. The same is true if an employer requires workers to have educational backgrounds that don’t directly relate to job performance. Asking if they own a car could be seen as racially discriminatory unless it is a requirement of the job. Explore the latest questions and answers in Race-Based Discrimination, and find Race-Based Discrimination experts. What sorority did you join? Interview Discrimination: What Questions During the Hiring Process are Legal? Equal Employment Opportunity Commission (EEOC), and potentially a lawsuit if the issue cannot be resolved. This survey template is carefully curated for organizations and has questions that are a balanced mix of demographic and gender discrimination related questions. What is your maiden name? If the role the candidate applied for is security sensitive then it should be fine to ask questions about convictions. Ask the applicant how she or he would respond in that situation. Do any of your relatives currently work for us or our competitors? Such a test would also constitute discrimination if it eliminated a disproportionate number of people from a minority group as job candidates. In any case, you can take the confrontational route and inform the interviewer that you’re not obliged to answer these questions or take the non-confrontational route and avoid answering the questions by changing the subject. 213 0 obj
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Are you comfortable working for a male/female boss? When did you graduate high school? Also, rejecting applicants based on arrest record has been shown to impact some racial groups. It's not always easy to determine if you've been the victim of discrimination during a job interview. Do you or any of your family members have a history of disorders or disease? Can you speak, read, and write English? For example, instead of asking where you were born, an interviewer might ask where you grew up and comment on how well you speak English. She decides to notify Acas of her intention to make a claim but when the issue of feedback arises during the early conciliation process, the employer explains the Equal Employment Opportunity Commission defines racial discrimination as “treating someone (an applicant or employee) unfavorably because he/she is of a certain race or because of personal characteristics associated with race (such as hair texture, skin color, or certain facial features).”. If told you wouldn’t be a good fit, for example, ask why you were called in for the interview then. You might be dealing with an employer who isn’t averse to hiring racial minorities but compensates them less than their white counterparts. Racism Questions and Answers - Discover the eNotes.com community of teachers, mentors and students just like you that can answer any question you might have on Racism The examples above are pretty direct. In fact, in some cases, a company official may actually dissuade a person from applying for the position in question. To protect yourself as an employer, it’s better if you don’t collect this information in the first place. When you’re sitting in a job interview, you may be faced with certain questions that make you wonder whether or not they can be asked. If you were discriminated against during a job interview, contact the supervisor of the person who interviewed you. What went wrong? Asking questions about a candidate's age, race, religion, or gender could open a company up to a discrimination lawsuit. %PDF-1.6
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Exemption for employers with less than 15 full-time employees. If the supervisor fails to follow up or take your complaint seriously, contact the U.S. Asking Appropriate Interview Questions. Have you ever worked for us before under any other name? Mind you, every interviewer who poses such questions may not do so with the intention of discriminating. What are the names of your personal references? Because employers may not make hiring decisions on the basis of a protected characteristic, they also should not ask about protected characteristics during job interviews. Exemption for employers with less than 15 full-time employees. Did you ever change your name through marriage or court application? Can you provide a birth certificate? Translation: it’s best to avoid certain interview questions. Asking questions on these topics can result in charges of discrimination, an investigation by the U.S. This survey template can be customized and can … Do you have any commitments that might prevent you from working the assigned shifts? Download all the illegal interview questions above in a PDF and use them to create your own EEO guidelines. Age discrimination only pertains to adults over the age of 40. Don't ask questions about convictions for roles that are not security sensitive or ask about convictions that have no connection to the role. For example, asking someone what year they graduated high school would be indirectly asking about their age. Racial Discrimination in Job Interviews. Are you known by any other names? If discrimination factored into your job interview, identify why you were targeted. Asking about other languages is fine if it is a job requirement such as a translator or Spanish speaking phone operator. In general do not ask questions about this unless you are sure it is permitted under the Fair Credit Reporting Act of 1970 and the Consumer Credit Reporting Reform Act of 1996. If you say that you were discriminated against because you are black and the company in question has a number of black employees, your case won’t look very credible. When the interview ends, be sure that you have the full name of the interviewer, the department the interviewer works in, and, if possible, the name of the interviewer’s supervisor. (age discrimination). Do you have a disability? Her reporting focuses education, race, and public policy. Some interviewers who do intend to discriminate may be aware of the law and savvy about not directly asking you any illegal interview questions. Have your wages ever been garnished? The U.S. The interviewer may simply be ignorant of the law. Instead, the interviewer might treat you hostilely from the outset of the interview for no apparent reason or tell you from the start that you wouldn’t be a good fit for the position. When did you first start working? This isn’t the first time she has been ... victim of racial discrimination. Find out what separates you from the pack. Were you tested during the interview? Send jobs to 100+ job boards with one submission, Best Phone Interview Questions for Screening Applicants Fast, Interview Question Examples (Updated 2019 - Free to Download). However, an employer might ask interview questions about your race, color, sex, religion, national origin, birthplace, age, disability or marital/family status. 247 0 obj
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@�qIe��Lb@�� £! Do you have any children? Do you own your own home or rent? If this happens, do not follow up on the topic, and do not consider it when making your hiring choice.
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