| You've
just finished your face-to-face
interview, and the outcome looks good.
You've proved that you have the
educational background, the technical
skills and the managerial presence the
company's been seeking. You've
established a comfortable rapport with
the hiring manager, and you feel
confident that you'll be made an offer by
the day's end. Then, as you stand
up to leave his office, the hiring
manager shakes your hand, smiles, and
casually remarks, "You know, you've
got the most interesting accent."
"Um,
thanks," you reply, a little
embarrassed.
He laughs.
"Sure. Hey, before you leave, I'm
dying to know: Where were you born?"
Though his
intentions might be innocent, the hiring
manager has just asked you an
inappropriate, possibly even illegal,
question. And though you're under no
legal obligation to respond, you don't
want to appear rude. After all, you've
made it this far; you can't just say
nothing. And yet if you do answer that
you were born, say, outside of the U.S.—regardless
of your current work status—you
might unintentionally be giving the
hiring manager a reason to discriminate
against you.
Discriminatory
interviews are virtually unthinkable in
an era where federal, state and local
laws exist to give all candidates the
fairest possible shot at a job. But the
law can't keep interviewers from hiding
behind creative wording—and if you
do have to face this type of an
interview, you should be prepared. Just
remember: During routine small talk, an
interviewer might not realize that he or
she is breaking the law; that's why it's
to your advantage to get him or her to
clarify any question that makes you
uncomfortable.
Illegal
Question(s)
|
Legal
Variation(s)
|
| Are you a U.S.
citizen? Where were you/your
parents born?
|
Are you authorized
to work in the United States? |
| What's your native
tongue? |
What languages do
you read, speak or write
fluently?" [NOTE: Must be
relevant to every candidate's
ability to perform the job.]
|
| How old are you?
When
did you graduate from college?
What
is your birthday?
|
Are you over the age
of 18? |
| Do you have any
disabilities? Have you
had any illnesses or operations?
If yes, list and give dates.
When
was your last physical exam?
How
is your family's health?
When
did you lose your eyesight?
|
Are you able to
perform the essential functions
of this job with or without
reasonable accommodations? [NOTE:
The interviewer must first
thoroughly describe the job.]
[As part of the hiring process,
after a job offer has been made
you will be required to undergo a
medical exam. Exam results must
be kept strictly confidential,
except medical/safety personnel
may be informed if emergency
medical treatment is required,
and supervisors may be informed
about necessary job
accommodations, based on the exam
results.]
|
| Are you married or
living with a partner? Do you have
children?
Are
you planning to have a family
someday?
Do
you have a daycare provider?
|
Would you be willing
to relocate if necessary? The job
requires occasional overtime.
Would you be able and willing to
work overtime as necessary? [NOTE:
OK as long as all applicants are
asked the same question.]
|
| The job requires 25
percent travel. Will someone be
able to look after your children
while you're on the road? |
Travel is an
important part of the job. Would
you be willing to travel as the
job requires? [NOTE: OK as long
as all applicants are asked the
same question.]
|
| Have you ever been
arrested? |
Have you ever been
convicted of [crime name]? [NOTE:
The crime should be related to
your ability to perform the job
for which you're interviewing.]
|
| Candidates who
served in the military: Were you
honorably discharged? |
In what branch of
the Armed Forces did you serve?
What
kinds of training or education
did you receive while in the
military?
|
| How do you feel
about gay people? |
Would you have any
reservations about working in an
office where the majority of
people were gay or lesbian?
|
| How tall are you?
How
much do you weigh?
|
Are you able to lift
a 50-pound object and carry it
100 yards? This is part of the
job. [NOTE: This question is not
acceptable unless minimum
physical standards are essential
for safe job performance.] |
| Are you a member of
any clubs or social
organizations? Which ones? |
Do you belong to any
professional or trade
organizations that you consider
relevant to your ability to
perform this job? |
|
