What is Illegal to Ask at a Job Interview?

With hundreds of thousands of jobs up for grabs each month, the competition to hire the right person can be fierce. Employers often go to great lengths to ensure they get the right candidate, but there are limits to what they can know about you. The job interview is one of the easiest places for an unscrupulous operation to find out information about their candidates without leaving a paper or email trail. This type of behavior may also lead to pre-employment discrimination.

Before you start your next interview, it’s important to know the difference between legal job interview questions and illegal questions.

Correct and Incorrect Interview Questions

There are questions that seem perfectly natural to ask, but they can often be asked incorrectly. While obvious questions about race, religion and sexual preference are not allowed, other types of questions can blur the boundaries. Let’s take a look at the following examples interview questions:

• Incorrect: “Are you a U.S. citizen?” or “Were you born in the United States?” – While an employer does need to know if you’re permitted to work, these questions are illegal

• Correct: “Do you have permission to work in the United States?” A potential employer can also ask to see your Social Security card or another form of proof to work in the U.S

• Incorrect: “Are you married?” or “Do you have any children?” – Employers may be looking to weed out applicants who want to have children in order to cut their own healthcare costs. Others may be looking to see if you can work long hours without issue. Anything personal about you or your family is illegal. Even if you wear a wedding or engagement ring, you don’t have to answer questions about it.

• Correct: “Are you able to work from this hour to that hour?” or “Are you available to work nights and/or weekends?” – An employer may ask specific questions about applicants being able to meet the current or future hours of the job.

• Incorrect: “How old are you?” or “When is your birthday?” – Employers may be looking to hire someone right out of college or avoiding someone who is close to retirement. Asking any questions that can reveal your age is illegal.

• Correct: “When did you graduate college?” or “How many years of experience do you have?” – While these questions may reveal a general sense of your age, they are legal job interview questions.

Can I Sue Over Illegal Interview Questions?

In short, you may be able to sue over illegal interview questions. This is especially true if you believe an employer is actively performing pre-employment discrimination and that you are not being treated fairly.

Do I Have to Answer Illegal Interview Questions?

Absolutely not, you may simply tell the employer you feel uncomfortable answering any questions you know or suspect to be illegal.

If you believe you have been asked illegal interview questions in Pennsylvania, contact Weisberg Cummings, P.C. for a free consultation to discuss your case. We may be able to help you fight against any discrimination or illegal behavior.

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