A reminder about illegal interview questions

In the past, it was more common to hear from stories from candidates about how they had been asked inappropriate questions while on a job interview. Thankfully, this is a much less common occurrence today with most companies having very qualified human resource leaders who oversee most interviews. It was more common for these incidents to occur at smaller companies where there might not be any H.R. presence, and sometimes it was unintentional but the questions were delivered in a poorly worded format. It was just as likely to happen in a first or second meeting with a company, and it could sometimes be a result of someone crossing the line in an attempt to get to know the candidate better or build rapport.

Although more uncommon now, inappropriate questions can still surface.

As a reminder, interview questions that reveal age, race, national origin, gender, religion, marital status and sexual orientation are questions that are off-limits.

There are laws that make discrimination based on these areas illegal.

Other areas that should also be mentioned are, questions about disabilities, arrest records, pregnancy status and one that was more common in the U.S. which covers reasons for a military discharge.

Unacceptable interview questions Include:

Have you ever been arrested?

An employer can't actually legally ask you about your arrest record, but they can ask if you've ever been convicted of a crime.

Are you married?

It may be intended to better understand one’s potential commitment to the job, but it's illegal because it reveals one's marital status and can also reveal sexual orientation.

What religious holidays do you practice?

Again, it may be asked to better understand one’s potential commitment to the job, but this question reveals religion and that is illegal.

Do you have children?

It is unlawful to deny someone employment if they have children or if they are planning on having children in the future.

If you want to know about commitment, ask how many hours a week that they are able to work or ask if travel is an issue.

What country are you from?

Employers can't legally inquire about your nationality, but they can ask if you're authorized to work in a certain country.

Is English your first language?

In order to find out language proficiency, employers can ask you what other languages you read, speak, or write fluently.

Do you have any outstanding debt?

Employers have to have permission before asking about credit history. Similar to a criminal background history, they can't disqualify someone from employment unless it directly affects their ability to perform the position for which they are interviewing.

They also can't ask someone how well they balance their personal finances or inquire about if the individual owns their property.

How long have you been working?

This question allows employers to guess one's age which is unlawful.

However, they can ask someone how long that they have been working in a certain industry.

Farewell,

Mike

Recruiting BusinessMike KingSeptember 8, 2017Toronto Headhunter, Recruiter, Headhunters, Recruitment FirmComment