Job interviews can be competitive and often exhausting for both interviewers and interviewees. The entire interview process generally revolves around questions being asked by both parties to determine whether or not the applicant and company are a good fit. While employers have the right to ask about things that pertain to the job, qualifications, and skill, there are certain questions that they are legally prohibited from asking. It is important that both candidates and employers understand what questions can and can’t be asked during a job interview. If you feel like your rights have been violated, contact an Atlanta employment rights attorney for legal advice and representation.
Are There Any Questions an Employer Can’t Ask During a Job Interview?
Many questions cannot be asked by the employer during a job interview. Some topics are inappropriate or rude. Most of the questions that cannot legally be asked involve a characteristic or status protected by the EEOC (Equal Employment Opportunity Commission).
What is the EEOC?
The EEOC is a federal agency that enforces laws protecting employees. Many laws under this branch make it illegal for applicants and workers to be discriminated against in the workplace based on race, religion, and many other protected characteristics.
What Questions Should Interviewers Steer Away From?
Employers and interviewers should avoid the following questions.
- Questions about race, ethnicity, or national origin: Employers cannot ask questions intended to reveal a candidate’s race, ethnicity, or origin. Questions like “What is your ethnic background?” or “Where were you born?” are not allowed as they could lead to discrimination or biases. The interviewer can, however, inquire about their ability to work legally in the country.
- Question about religion: Asking about an individual’s religion or what religious holidays they observe is prohibited and considered discriminatory. Instead, interviewers can ask if the job’s hours work for the candidate or if they need accommodations for religious practices.
- Questions about age: Employers cannot ask “How old are you?” or “What year did you graduate from high school?” as a way to ask in a roundabout way. Age-related questions could lead to biases against younger or older candidates.
- Questions about sexual orientation or gender identity: Asking about a candidate’s sexual preferences or anything about their gender identity is intrusive and irrelevant. These questions are illegal during a job interview.
- Questions about marital status: Questions regarding marital status, family planning, or childcare are considered inappropriate. These questions can lead to discrimination based on the assumption that familial responsibilities could impact job performance. Employers can instead ask about the individual’s ability to work certain hours or travel if needed.
There are even more questions that interviewers should avoid to abide by federal law. Employers should focus on questions that directly relate to the job and the candidate’s ability to perform the required tasks. If your employment rights were violated during an interview contact an experienced attorney to learn about your legal rights and options.
