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What Questions Cannot Be Asked By an Employer in an Interview?

Job interviews should be exciting opportunities for applicants to learn more about the role and for interviewers to meet new qualified candidates. The interview process can be tainted, however, if the company uses discriminatory hiring practices. Whether intentional or unintentional, some questions can be considered discrimination and cannot be asked during a job interview. If you require representation in an employment discrimination case, speak with a Marquette employment lawyer today.

What Does the EEOC Do?

The EEOC, or the Equal Employment Opportunity Commission, is a government agency responsible for enforcing federal laws that make it illegal for companies and employers to discriminate against applicants and employees. Under these laws, individuals in the workplace cannot be discriminated against based on their sex, marital status, age, race, ethnicity, national origin, disability, religion, and more.

Because these characteristics are protected, employers and interviewers do not have the right to ask certain questions regarding these issues. To do so could be considered inappropriate or even illegal.

What Questions Should Not Be Asked in a Job Interview?

Any questions related to the protected characteristics or statuses under the EEOC should never be asked in a job interview. If you have been asked the following your employment rights have been violated.

Sex:

  • “What gender do you identify as?”
  • “Have you transitioned?”
  • “What is your sexual orientation?”

Marital status:

  • “Are you married?”
  • “Have you ever changed your name?”
  • “Do you have any children?”
  • “What are your family obligations outside of work?”
  • “Are you planning to have children?”

Age:

  • “How old are you?”
  • “When did you graduate from high school?”
  • “When were you born?”
  • “How long have you been working?”

Race/ethnicity/national origin:

  • “What race are you?”
  • “What is your ethnic background?”
  • “Where were you born?”
  • “Are you a U.S. citizen?”
  • “Where were your parents born?

Disability:

  • “Are you disabled?”
  • “Do you have any medical conditions?”
  • “Do you take any prescription drugs?”

Religion:

  • “What religion are you?”
  • “Are you practicing?”
  • “What religious holidays do you observe?”

Work with a Skilled Employment Lawyer

If you have been asked any of the above questions it is likely that your employment rights were violated. Note that under certain circumstances and depending on the job description, some of these topics may be relevant. However, there are more appropriate and sensitive ways for interviewers to inquire about these issues.

If your employment rights were violated by an interviewer it is crucial that you work to protect your rights and prevent the same thing from happening to another individual. Reach out to an experienced employment attorney at Berger Law to set up a consultation today and begin discussing your case.

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