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How to handle prospective employers asking illegal questions?
While interviewing for jobs in California, multiple times I have encountered employers asking illegal questions such as whether or not I am married, and whether or not I have children. When I have said I do not wish to answer these questions the interviewer has gotten angry and may have caused me not to get the job.
The most recent time I was asked by the President of the company and he said he knew we was not allowed to ask these questions, but he was going to ask any ways.
The most recent time I was asked by the President of the company and he said he knew we was not allowed to ask these questions, but he was going to ask any ways.
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There are many things that should not be asked during an interview like age, race, where you were born (a backdoor into what race you might be), what your parents do, martial status, sexual orientation, etc.
Of course, sometimes these things are brought up by the interviewee in the course of the dicussion. For example, someone might explain they are five years out of college and have had two jobs for three and two years each, leading the employeer to know approximatly how old the person is.
No big deal there.
Now, sometimes there are things that an employee needs to know and require that a question be asked with fairness. For example, a sales position might require constant travel and that *might* not be compatable with someone who is a single parent or with family.
The keyword is MIGHT in that sentence.
It's not for the employer to judge if this is the case so while it is inapproriate to asking if the person is married or has a family, it is very fair to ask "The job requires up to 10 days of travel a month, much of it last minute. Is that ok with you?"
In fact, I had an interview with a sales person today and asked that exact question. He also had his address on his resume and told me his name was indian (which wan't such a news flash to me).
Many people giving interviews have not been trained on how to ask questions with this kind of thing in mind. It's not out of malace in most cases--people just like to make small talk and "where were you born?" and "do you have a family?" seem like normal questions and they are at a cocktail party--just not in an interview.
Most interviewers never consider that these might be used to eliminate folks from consideration.
Now, you can refuse to answer these questions but that can the interviewer feel like you have a chip on your shoulder (as was the case in your details).
If you want the job and the person makes small talk I would handle it by either answering briefly or saying something in a joking voice like "would being married eliminate me from consideration?" or "would being from Boston means I couldn't get the job here in Yankee territory?" (big smile) or "I wasn't aware that being an athiest or a Catholic made a difference in my ability to code in Java? Just kidding!" that might break the ice and let the person know you know it's not approriate.
If you feel the person has gone over the line you could file chargers, but I'm guessing that will be hard to prove and, as you can see from this link, many folks have figured out how to get around these questions:
http://www.hrworld.com/features/30-interview-questions-111507/
End of the day if folks make you uncomfortabe in the interview you wouldn't want to work for them anyway.
I'm sure as the job market gets worse and worse this will become more of an issue as it's not as easy to say "that guy was a jerk I'll go to the next interview" because their might not be another interview for another two or three weeks.
Of course, sometimes these things are brought up by the interviewee in the course of the dicussion. For example, someone might explain they are five years out of college and have had two jobs for three and two years each, leading the employeer to know approximatly how old the person is.
No big deal there.
Now, sometimes there are things that an employee needs to know and require that a question be asked with fairness. For example, a sales position might require constant travel and that *might* not be compatable with someone who is a single parent or with family.
The keyword is MIGHT in that sentence.
It's not for the employer to judge if this is the case so while it is inapproriate to asking if the person is married or has a family, it is very fair to ask "The job requires up to 10 days of travel a month, much of it last minute. Is that ok with you?"
In fact, I had an interview with a sales person today and asked that exact question. He also had his address on his resume and told me his name was indian (which wan't such a news flash to me).
Many people giving interviews have not been trained on how to ask questions with this kind of thing in mind. It's not out of malace in most cases--people just like to make small talk and "where were you born?" and "do you have a family?" seem like normal questions and they are at a cocktail party--just not in an interview.
Most interviewers never consider that these might be used to eliminate folks from consideration.
Now, you can refuse to answer these questions but that can the interviewer feel like you have a chip on your shoulder (as was the case in your details).
If you want the job and the person makes small talk I would handle it by either answering briefly or saying something in a joking voice like "would being married eliminate me from consideration?" or "would being from Boston means I couldn't get the job here in Yankee territory?" (big smile) or "I wasn't aware that being an athiest or a Catholic made a difference in my ability to code in Java? Just kidding!" that might break the ice and let the person know you know it's not approriate.
If you feel the person has gone over the line you could file chargers, but I'm guessing that will be hard to prove and, as you can see from this link, many folks have figured out how to get around these questions:
http://www.hrworld.com/features/30-interview-questions-111507/
End of the day if folks make you uncomfortabe in the interview you wouldn't want to work for them anyway.
I'm sure as the job market gets worse and worse this will become more of an issue as it's not as easy to say "that guy was a jerk I'll go to the next interview" because their might not be another interview for another two or three weeks.
Continue to not answer the questions. If a company is unethical and breaking the law in the *interview* process just imagine the things you'd undergo if you actually worked there.
g'day Drivel,
Thank you for your question.
I would speak to an employment lawyer to seek advice about what to do in these situations if you are able to access one through a union or legal aid. It will continue to be an issue especially in the current employment situation.
Regards
Thank you for your question.
I would speak to an employment lawyer to seek advice about what to do in these situations if you are able to access one through a union or legal aid. It will continue to be an issue especially in the current employment situation.
Regards
It is illegal but they ask those type of questions anyway I've done it myself. Some jobs require a lot of overtime and personal living conditions can effect the work habits of a employee. However I've never asked political questions, and I doubt that you can do anything about it in the current market. Sure you can fill a claim but so many people are filling claims at the moment do to the lack of jobs and steadily decreasing number of them you'd probably be overlooked.
To file a claim go to
http://www.eeoc.gov/
on the left hand side under "Filing a Charge of Discrimination"
To file a claim go to
http://www.eeoc.gov/
on the left hand side under "Filing a Charge of Discrimination"
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