Things Employers Can Ask in a Job Interview
Yahoo news has a story at: www.finance.yahoo.com/career-work/article/110601/8-things-employers-arent-allowed-to-ask-you - the list describs things one supposedly cannot ask interviewees. It has so many errors. So, let's go one by one.
1. How old are you? The Yahoo comment about this question is probably accurate. There are very few jobs where someone can ask you your age and the question itself not serve as evidence of age bias. Best to not go there unless you are hiring for jobs with clearly appropriate age requirements, such as the US Army..jpg)
2. Are you married? I do not understand this. I do not understand how this can serve as evidence of anything. I think the Yahoo author is suggesting that this might serve as evidence if asked of female applicant. But, virtually every married person would have some issue or concern regarding family life and their employer. I cannot imagine how this could be used as evidence against the employer in any claim.
3. Are you a US citizen? Yahoo's answer to this question might be correct. The article refers to the Immigration Reform and Control Act of 1986, but I would also add that asking about citizenship could also serve as evidence in an ethnic origin case. Better not ask this question until a job is offered.
4. Do you have disabilities? Yahoo's answer is partially correct an partially incorrect. An employer can ask if an applicant has any limitations that would keep him/her from performing essential functions of the job. How else would a fire deaprtment make sure an applicant can carry someone out of a burning building? The Yahoo news article gets this very wrong and very misleading. Yes, ask about physical or mental limitations. But, do not ask about disabilities or diagnoses until a job offer has been made.
5. Do you take drugs, smoke or drink? Yahoo's answer is confusing. An employer can ask about drinking, smoking or illicit drug use. An employer should not ask about legal or prescription drug use, since that might involve issues of a possible disability. How Yahoo gets to the conclusion that one cannot ask about illicit drugs, smoking or alcohol is beyond me. None of these abuses are protected activities under any employment laws to my knowledge.
6. What religion do you practice? The Yahoo news article is right about this. An employer cannot ask about religious practices. Since, that could be used as evidence later of religious discrimination.
7. What is your race? See No. 6 above. But, don't we all know not to ask this by now?
8. Are you pregnant? This question could be used as evidence of female stereotyping and, therefore, as evidence of gender bias. So, yes, it is better not to ask this question. And, as the article mentions, refusing to hire a woman based on pregnancy or possible pregnancy would violate the Pregnancy Discrimination Act.
But, the article does not make this plain: all of these warnings only matter if some adverse personnel action occurs later for which there is no otherwise reasonable explanation. If an employer asks about pregnancy and then later fires the applicant for some trivial error, only then would questions asked in an interview have any relevance. A discrimination lawsuit requires first and foremost a negative personnel action with no otherwise reasonable explanation. The lack of an otherwise rational explanation for an adverse personnel action is what makes prior discussions possibly relevant. The best defense for any employer is to simply issue written warnings whenever a transgression occurs. Less worrying about verbal discussions and more focus on written discipline applied consistently will serve the employer much more.
I went on interview yesterday and is it appropriate for the person interviewing me to ask me why I left my last job with the Federal Government during the economic downturn, jobs being lost, and income earned with the Uncle Sam. I guess he or she wanted to know what was the real reason why I resigned other then personal reasons. I wonder if that line of questioning is appropriate.
Oh sure, its expected really that any prospective employer will ask why you left a previous job. I cannot imagine how that might be inappropriate or unlawful. Why do you think it might be inappropriate?