- Unlawful interview inquiries may still occur due to deliberate prejudice or insufficient training.
- Inquiries regarding an applicant's age, martial status, and religious beliefs should not be brought up during job interviews.
- Applicants should shift the emphasis to their credentials and report any continuous unlawful questions.
This essay, presented as told to the author, is based on an interview with Leigh Henderson, who at 43 years old serves as the CEO. HRManifesto In San Antonio. It has been shortened and clarified.
In the United States, numerous queries arise for employers. cannot legally ask During a job interview, this might not be apparent, yet that isn’t always the case.
As an individual with experience in Human Resources for almost two decades And currently manages HRManifesto, a community on TikTok; I’ve witnessed this occur. In my opinion, it’s likely that everyone who has gone through an interview has encountered an inappropriate question at some point.
This issue typically arises from insufficient interviewer training. Conversely, certain interviewers might deliberately pose such queries to secure their preferred candidate. Regardless of the reason, these questions are unlawful and should not be part of a job interview process.
Here are five major issues along with actions you should take if they arise.
1. What's your age?
Believe it or not, it’s against the law to inquire of candidates, " How old are you? " or " In which year did you come into this world? ?"
Certain interviewers pose such queries assuming you appear youthful. They could remark, “Do you even qualify to work here?” These types of questions often serve to undermine the candidate, as the interviewer might erroneously connect youthfulness with lack of experience.
For a more seasoned candidate, the question might stem from worries about their ability to stay current with technological advancements, adapt to a rapid work pace, or integrate into a workplace predominantly composed of younger employees.
Currently, employers have the option to inquire about a candidate’s number of years of pertinent professional experience. Concentrating on your employment background is both lawful and standard practice during the recruitment process. Applicants ought to be at ease discussing their experience as it pertains to the position.
When queried about your age, you might skillfully divert attention by stating, "My emphasis lies on showcasing my credentials and the contribution I make to this job. With Y years of hands-on experience pertinent to this role, such as [principal abilities or notable accomplishments], I'm eager to discuss these aspects further."
Prior to an interview, you can combat age discrimination by omitting your birthdate and graduation year from your resume.
2. Are you married?
Asking about someone's marital status isn't just against the law; interviewers should steer clear of these topics as well because they are private matters.
An interviewer may ponder if they should compensate the candidate according to their value, presuming they possess one. working spouse who could support them. Or, they may worry that the candidate will be distracted by things like dating, a big wedding, a honeymoon, and eventually, children.
The most effective reply is to courteously yet decisively steer the discussion back towards your credentials. You might say something along these lines: "While I prefer keeping my personal matters confidential, I would be delighted to elaborate on how my abilities and background match up with what this position requires." This approach helps establish limits without sacrificing professionalism.
3. Do you have kids?
This resonates with me as well since I too was asked, "Oh, do you have children?" during an interview.
A boss could inquire about this to assess the amount of time an individual can commit to their workplace. They may be hesitant to employ someone who has significant obligations beyond their job.
Other interviewers might start with casual conversation during an interview, yet they need to tread carefully. Although it’s tempting to let things slide, doing so remains against the law, and such chitchat ought to remain neutral, focusing perhaps on the weather. However, as the person being interviewed, it isn’t unlawful for you to share this kind of information voluntarily.
4. Where are you from?
Questions such as "Where are you from?" What part of the world does your accent originate from? What is your primary language?" and "Do you use English for communication at home?" should be avoided as they are unnecessary questions.
Occasionally, an employer could encounter a challenging-to-pronounce name and inquire about it during casual conversation. However, such small talk shouldn’t serve as justification for prying into personal matters. The situation can get particularly delicate because although these exchanges might appear innocent, they have the potential to veer off course quickly if they touch upon one’s ethnic background or nationality.
An enthusiastic reply could be: "I'm thrilled at the prospect of joining your team and am eager to highlight my professional journey, encompassing [pertinent experiences]. Feel free to ask me anything regarding my potential contributions to your group."
This steers the discussion away without revealing personal information.
5. What's your religion?
Religious beliefs are safeguarded. An interviewer isn't allowed to inquire, " Are you someone who attends church? Typically, this wouldn't be noticed by the interviewer.
A potential applicant could inquire of the interviewer, “Which holidays does the company observe?” or “Does your organization offer floating holidays?” To which the interviewer may respond regarding the firm’s holiday policies.
If a business poses any of these queries, it serves as a significant warning sign. Should you encounter improper or unlawful questions during an interview, remain composed, maintain professionalism, and exhibit confidence while subtly redirecting the discussion towards highlighting your skills and worthiness for the position.
Should the queries persistently occur, feel uneasy, or seem discriminative, applicants ought to record these instances and contemplate reporting them to Human Resources, elevating the issue internally, or lodging a formal grievance with the Equal Employment Opportunity Commission.
In essence, what matters most are your abilities, experiences, and credentials—not personal information irrelevant to performing the job effectively.
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