subject: Interviewing Tips – What Employers Can and Can't Ask [print this page] TRUE or FALSE? TRUE or FALSE?
It's okay for an interviewer/potential employer to ask: "Deutsch," that's an interesting last name, what nationality is that?
FALSE - It is definitely not okay to ask or be asked that question!
We have to see both sides of the recruiting equation: interviewer and interviewee. In this dual role, we often find that interviewers have a standard set of questions they want to ask a job candidate, but it is equally important to know what questions not to ask. In the same vein, it is also important for you to know which questions asked of you are inappropriate.
The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person's race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. Most employers with at least 15 employees are covered by EEOC laws (20 employees in age discrimination cases). Most labor unions and employment agencies are also covered. The laws apply to all types of work situations, including hiring, firing, promotions, harassment, training, wages, and benefits. Even if your company has fewer than 15-20 employees, it is just plain good sense.
The EEOC publishes a great deal of information in the area of what you can and can't ask (or be asked) in interviews on their website (http://www.eeoc.gov/laws/practices/index.cfm). Anyone involved in interviewing at any level should be familiar with the guidelines and the law.
What follows are a number of topics to avoid in interviews because they could be construed as having a discriminatory motive.
1. What is your date of birth? Questions that give away an applicant's age could indicate unlawful discrimination on the basis of age. However, you may ask if the candidate is 18 or older.
2. Are you available to work on weekends? This question sounds innocent, but according to the EEOC, it may demonstrate intent to discriminate by discouraging applicants of certain religions that prohibit working on Fridays, Saturdays, or Sundays. Additionally, you cannot ask if the candidate is a member of any church, religious denomination, or which religious holidays they observe. You can simply outline that the job will require working on these days, without asking this tricky question.
3. Do you have children under age 18? What are your plans for child care? These questions could be viewed as discriminatory against women if the employer asks them only of women. In addition, federal law prohibits employers from making pre-employment inquiries into child-care arrangements.
4. Are you married? What is your husband or wife's name? Do you have any children?
5. Do you identify yourself more as black or African American?
6. Where were you born? Or where were your parents, spouse or other relatives born.
7. What nationality is your last name? How did you learn to read, write or speak a foreign language?
8. Were you native born or naturalized? Are your parents citizens, too? When did you become a citizen?
9. Have you ever been arrested for a crime? Have you ever been arrested but not convicted of any particular offense?
10. Name all the groups and organizations of which you are a member. However, you can ask, "Do you have any experience as a volunteer or club member that may be related to this job?"
11. Does stress affect your ability to be effective on the job? Have you ever been unable to handle stress at work?
12. Do you have a disability that would prevent you from performing this job? Are you an alcoholic? Do you have AIDS? What effect does being in a wheelchair have on your daily life? What is your corrected vision? What is your uncorrected vision? However, you can ask, "Do you have the ability to perform this job, with or without accommodations? This job requires you to lift 20 pounds of patient charts and carry them up two flights of stairs. Can you do that, with or without an accommodation? Do you have 20/20 corrected vision?"
Interviewing Tips What Employers Can and Can't Ask
