Here’s the other side of a story that job seeker should know. Actually there are things the company should not ask during interview with candidates, courtesy of Mike Smith .
The explanation is upon the employer side. Any question that is asked during the interview process should be job related.
AGE – If you can prove that an age requirement or limit is necessary for business or safety reasons, then you can ask for age or date of birth. The last employer who won the right to ask this question had to fight the case all the way to the Supreme Court (and it was safety related). Most employers who have made this claim have lost in court.
GENDER/SEXUAL ORIENTATION – Not job related.
EDUCATION – If it can’t be proven that a specified level of education is necessary to do
the job, don’t ask.
PLACE OF BIRTH – May reveal national origin, and has been used to discriminate.
HEIGHT, WEIGHT, ETC – Not job related.
HOW MANY CHILDREN DO YOU HAVE – Not job related, reveals nothing about
applicant’s ability to do the job, and has been used to eliminate qualified women.
CHILD CARE ARRANGEMENTS – This is the applicant’s business. The applicant has to deal with childcare and the requirement to be able to come to work consistently on time. The question has been used to eliminate women with children.
MARITAL STATUS – Not job related, has been used to discriminate.
WHAT ORGANIZATIONS DO YOU BELONG TO – Answers to this question may reveal
religion, national origin, marital status, etc. (e.g., Parents Without Partners, B’nai B’rith,
Knights of Columbus, Italian-American Club, Society of Hispanic Professionals).
PARENT’S NAME – can reveal national origin.
WHAT LANGUEAGES DO YOU SPEAK – This question is likely to reveal national origin. It can be asked only if speaking another language is necessary to perform the current job.
SPOUSE’S EMPLOYMENT – Whether a spouse is employed is not job related and has been used to eliminate women. After making an offer asking about where a spouse works because of the conflict of interest policy is ok.
ARREST RECORD – You can ask about convictions if it can be proven that the security nature of the job demands it. Asking about arrest records means the applicant must reveal a charge which may not have been proven (Some states prohibit)
RACE AND RELIGION - - Not job related.
CITIZENSHIP – You can’t ask if applicant is native-born or naturalized citizen, nor can you ask if his/her parents are citizens. This question is not job related unless a defense security clearance is needed. You can ask (if you ask all applicants) whether the applicant requires work authorization to work in the U.S.
MILITARY SERVICE – You can’t ask about type of discharge.
PHOTOGRAPH – Any requirement to attach a photo to an application or resume will be viewed as an intent to discriminate.
PHYSICAL OR MENTAL DISABILITY – You can’t ask the applicant about an obvious disability. You must explore accommodations if the applicant asks about accommodations. {If an applicant asks about accommodations get HR involved.}
WORKER’S COMP USE/SICK LEAVE USE- Not job related and can be used to discover an applicant’s disability.
REFERENCES – You can ask for them. But if you don’t check references it will be assumed that you are using the information to find ethnic groupings i.e., references from a particular ethnic or religious group.
You also can’t ask about:
own or rent home
credit references (unless the job handles money)
willingness to work a particular religious holiday
desire to have children
etc.
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