Illegal Questions in a Job Interview

Marilyn Michaels, WBL Coordinator

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Students will be able to recognize illegal job interview questions.

Students will gain knowledge of proper responses to illegal/inappropriate interview questions.

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Which of the following questions are illegal to ask during a job interview?

a) How did you learn about this job?b) Do you have any physical or mental

disabilities?c) Have you even been convicted of a felony?d) Pasquale, is that a Spanish name?e) Are you taking any prescription drugs?

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If asked an illegal question, what is the best way to handle the situation?

a) Refuse to answer the question.b) Answer the question anyway.c) Answer the “intent” of the question.d) Point out that the question is illegal.

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Employers sometimes ask illegal/inappropriate questions because

a) they are racist.b) they aren’t familiar with labor laws.c) they want to take advantage of the

interviewee’s lack of experience.d) they will do what ever is necessary to learn

what they need to know.

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Federal and state laws prohibit any question not related to the job itself such as:

race color religion ethnic background birthplace disability marital/family status sexual preferences age

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Illegal Job Interview Questions

Answer the question• Not all employers are familiar with the laws.• Often asked in innocence

Answer the “intent” of the question• Example: If asked if you are a US citizen

(illegal) respond that you are authorized to work in the US.

• Be brief.

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Carefully change the topic and avoid the question• Ignore question and redirect to a new topic

area.

Point out that the question is illegal.• Be tactful and stay calm.• If interviewer becomes offended, you will

not get the job,

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Refusing to answer a question might cost you the job.

Do you really want to work in a place that asks inappropriate/illegal questions?

Volunteer information that an interviewer can’t ask you.

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Most is not deliberate.

Consider the intent.

Court of law will determine discrimination and if a crime has been committed.

A labor attorney can help you decide if you have been discriminated against when applying for a job or while on a job.

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When were you born?

Of which country are you a citizen?

What language did you speak growing up?

Have you been arrested?

Are you over 18?

Do you have a legal right to work in the US?

This job requires that you speak Spanish, do you?

Have you been convicted of a felony?

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Which of the following questions is illegal to ask during a job interview?

a) How did you learn about this job?b) Do you have any physical or mental

disabilities?c) Have you even been convicted of a felony?d) Pasquale, is that a Spanish name?e) Are you taking any prescription drugs?

Both b and d are illegal questions

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Post Test

If asked an illegal question, what is the best way to handle the situation?

a)Refuse to answer the question.b)Answer the question anyway.c)Answer the “intent” of the question.d)Point out that the question is illegal.

c) Answer the “intent” of the question.

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Post Test

Employers sometimes ask illegal/inappropriate questions because

a)they are racist.b)they aren’t familiar with labor laws.c)they want to take advantage of the

interviewee’s lack of experience.d)they will do what ever is necessary to

learn what they need to know. b) they aren’t familiar with labor

laws.

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Post Test

Break into groups of three or work individually if you prefer.

Group will be given three scenarios.

Group will decide: 1) Was the question illegal? If so, could

be rephrased to make it legal? 2) Was the interviewee’s answer

appropriate? How should they have answered?

Share responses with the class.

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Robert is interviewing for a position as a security guard with a GUARDIAN SERVICES. During the course of the interview, he is asked, “Have you ever been arrested?”

He answers, “When I was younger, I was

arrested for disorderly conduct but was treated as a youthful offender.”

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MaryAnne enters the room for an interview with Mr. Johnson, of the law firm, Dewey, Cheatham & Howe. MaryAnne is inter-viewing for a paralegal position.Mr. Johnson says, “Tell me a little about your personal life.” MaryAnne replies, “I recently graduated from college and currently live in Albany. I enjoy travelling, golfing and spending time with my family.”

Juan has been granted an interview for a job with a construction firm as a project manager. While meeting with Mrs. Harris, the owner, he is asked the following question:

Mrs. Harris: “What an interesting accent you have, Juan. Where are you from?”

Juan: “I’m originally from Puerto Rico, but I’ve been a citizen of the United States since 2002.

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