Interviewing - why some question are off limits

BINF 6153 - Professional DevelopmentBioinformatics & Genomics, UNC

Charlotte

Title VII of the Civil Rights Act of 1964

• http://www.eeoc.gov/laws/statutes/titlevii.cfm

Title VII of the Civil Rights Act of 1964

• http://www.eeoc.gov/laws/statutes/titlevii.cfm

Americans with Disabilities Act

http://eeoc.gov/laws/types/disability.cfm

Age Discrimination in Employment Act

http://eeoc.gov/laws/types/age.cfm

http://www.eeoc.gov/employees/howtofile.cfm

Job interview - not an ordinary conversation

• Questions designed to assess your suitability for the job

• Includes: questions related to working style, personal characteristics - but only as related to your ability to do the job

Interviewers should not ask questions related to:

• Age • Race, ethnicity, country of origin• Gender or sex (includes orientation)• Religion• Disability • Marital or family status, pregnancy

Why not?

• Asking these questions creates appearance of employment discrimination

• Questions are not illegal• But...how an employer uses the answers could

be

http://careerservices.calpoly.edu/content/student/illegal

Where are you from?

Allowed or not ?

Where are you from?

Allowed or not ?

Not allowed. In a social setting, this would be a great ice breaker - a chance to get to know a person better. But this is inappropriate in job interview as it touches on national origin, ethnicity.

Do you have kids?

Allowed or not ?

Do you have kids?

Allowed or not ?

Definitely NOT allowed! Again, a great ice breaker in social situations. But inappropriate in a job interview - very unprofessional!

If you're asked this, considering answering the question they should have asked. Maybe they are trying to find out if you can work late some days? They may think that if you have kids, you can't work late hours because you have to pick them up from day care.

Advice from Huffington Post article

http://www.huffingtonpost.com/2015/04/09/off-limits-questions-job-interviews_n_7028050.html

"Let’s say a hiring manager asks a female candidate if she has children. One way to address the issue is to tackle it head-on. “Think about what’s really being communicated,” Pontikes said. “You can say, ‘If you guys are concerned about my availability or my dedication to the firm, please be assured I plan to be very dedicated. I’ll put in long hours, I’ll work from home if I have to, and here’s what I did at other places while I had children.’”Another option is to turn the conversation toward your qualifications for the position. “Don’t be disapproving of the question,” Pontikes said. “You’re being evaluated and, to be frank, that person has the power. Redirecting to your qualifications is a good way to address the awkwardness.” "

Are you a US citizen?

Allowed or not ?

Are you a US citizen?

Allowed or not ?

Not allowed. In job interview, indicates national origin, ethnicity. Should have asked instead: "Are you legally authorized to work in the United States?"

Are you available to work after 5 one or two days a week?

Allowed or not ?

Are you available to work after 5 one or two days a week?

Allowed or not ?

Allowed. Pertains to ability to do the job.

Do you belong to any clubs or social organizations?

Allowed or not ?

Do you belong to any clubs or social organizations?

Allowed or not ?

Not allowed. "Social" or "clubs" might include religious groups. Discrimination based on religion is forbidden.

Do you belong to any clubs or social organizations?

Allowed or not ?

Can handle it by answering the question they should have asked: "Are you a member of any professional societies in bioinformatics or biotech?"

Do you have a disability?

Allowed or not ?

Do you have a disability?

Allowed or not ?

Not allowed. The ADA forbids discrimination based on disability.

Do you have a disability?

Allowed or not ?

Maybe answer the question they should have asked: "Are you able to perform the physical requirements of the job? (Like lift 50 lbs, run a mile, etc.)"

How many sick days did you take last year?

Allowed or not ?

How many sick days did you take last year?

Allowed or not ?

Not allowed. The ADA forbids discrimination based on disability, which includes illness.

How many sick days did you take last year?

Allowed or not ?

Maybe answer the question they should have asked: "How many days of work did you miss last year?"

Summary

• Before your interview, refresh your knowledge of the ADA, ADEA & Civil Rights Act.

• Plan a few answers in advance, just in case. Rehearse.

• If asked such questions, make notes afterward. If you did not get the job due to illegal discrimination, you have recourse.

• The questions themselves are not illegal - but how employers use the answers might be.

Teams: Discuss & Investigate• "Shouldn't I answer the off-limits question? Then, if I

don't get the job, I can sue!"– Investigate processes for filing a complaint. – Research a prospective employer: Has anyone filed an EEOC

complaint against them? Can you find out?• "I was denied a promotion because of my religion. What

can I do?"– Investigate rules for filing a complaint. – Investigate what kinds of evidence are needed to show

discrimination based on religion.• Other questions?