Ask Slashdot: How Have You Handled Illegal Interview Topics? 714
kodiaktau writes "Salary.com profiles 14 questions that interviewers may or may not ask during the interview process such as the standards of age, gender and sexual orientation. They also profile several lesser known illegal or border line questions like height/weight, military background, country of origin and family status. With the recent flap over companies asking potential employees for passwords during the interview process it is important to know and review your legal rights before entering the interview. Have you been confronted with borderline or illegal interview questions in the past? How have you responded to those questions?"
Citizenship (Score:5, Informative)
I work for DoD indirectly (not a defense contractor) and my emplyoer cannot hire non-US citizens, so there are exceptions to that rule.
About that facebook thing... (Score:4, Informative)
That would be literal, even down to cleanly enunciating the word "ahem", and even if I had been recruited via a social networking contact. I'd probably try to make it sound stilted, or look at my cupped hand like I was reading from a cue card, to make it painfully clear this is a prepared response.
Full article (Score:5, Informative)
During a recent poll on interviews, we received an alarming number of reports from people who had been asked highly inappropriate questions during an interview. We decided to take this opportunity to review questionable interview topics.
This slideshow, however, is not comprehensive, nor is it a replacement for a legal consultation. At the end of this slideshow we will provide you with important contact information to use if you feel you have been discriminated against.
Topic: Race
15.0% of readers had been asked about this
20.7% felt discriminated against on this topic
Topic is: Illegal
Details: Title VII of the Civil Rights Act of 1964 made it illegal make hiring decisions based on race or perceptions of race.
However, this law only applies to companies with 15 or more employees.
Topic: Gender
14.6% of readers had been asked about this
29.0% felt discriminated against on this topic
Topic is: Illegal
Details: Title VII of the Civil Rights Act of 1964 also made it illegal make hiring decisions based on gender.
Again, this law only applies to companies with 15 or more employees.
Topic: Religion
13.7% of readers had been asked about this 9.8% felt discriminated against on this topic
Topic is: Illegal
Details: An employer may not ask you about your religious beliefs, what holidays you celebrate, or what religious institution you belong to.
However, this law only applies to companies with 15 or more employees, and religious institutions are exempt.
Topic: Marital Status
53.9% of readers had been asked about this
18.3% felt discriminated against on this topic
Topic is: Illegal (in some states)
Details: In 20 U.S. states, an employer may not ask you if you are married, widowed, divorced, intend to be married, are in a committed relationship or how many times you have been married. They may not make decisions based on your marital status or their perception of your marital status.
Topic: Family Status
49.2% of readers had been asked about this
22.3% felt discriminated against on this topic
Topic is: Illegal
Details: Employers may not ask you about your family or plans for your family. They may not ask about the number or age of your children. They may not ask if you intend to have children. And they may not ask about the living arrangements of your children. It is even illegal for employers to refuse to hire a visibly pregnant woman based on her pregnancy.
However, this law only applies to companies with 15 or more employees.
Topic: Age
36.3% of readers had been asked about this
41.7% felt discriminated against on this topic
Topic is: Illegal (in some cases)
Details: The Age Discrimination in Employment Act of 1967 prohibits discrimination against potential employees over the age of 40.
The Age Discrimination Act of 1975 prevents agencies receiving federal funding from discriminating against potential employees on the basis of age - for all age groups.
It is also important to note that minors have certain restrictions on the types of work, work times and number of hours per week they are allowed to work. This may cause them to be excluded from certain types of employment.
Topic: Physical Disabilities
22.8% of readers had been asked about this
8.9% felt discriminated against on this topic
Topic is: Illegal (with exceptions)
Details: A company may not discriminate against a qualified person based on certain physical disabilities. An employer may require a physical examination of an employee but only after making a job offer and only if all employees are subject to the same examination.
However, this may not apply to companies with fewer than 15 employees.
Topic: Ethnic Background
18.4% of readers had been asked about this
16.1% felt discriminated against on this topic
Re:Citizenship (Score:4, Informative)
Some clarification from http://www.uwec.edu/career/online_library/illegal_ques.htm [uwec.edu] :
"May ask about legal authorization to work in the specific position if all applicants are asked."
So if you must legally be a US citizen for the job and everyone is asked, it's OK.
Re:what (Score:3, Informative)
You'd have better luck just sitting on a corner, well-dressed, holding a sign saying "Wife won't let me spend my own money on beer."
Works even better if you have a dog with you while panhandling. But do have one that looks sad, hungry, and doesn't bite the donors. And have a water dish there so that they know that you're a caring pet owner.
Re:As a business owner (Score:3, Informative)
Actually, I'd argue it is more expensive in most other countries (not counting those that allow child labor and sweatshops).
The problem is that employees are human beings, not pieces of furniture that don't have any needs. They need a place to live, they need food, they need healthcare, and often not just for themselves but for their spouse and children, too (for many people it's not even possible anymore to support a family on a single income). That doesn't come cheap if you don't enjoy living at the poverty level.
That is unfortunate, but unless you enjoy living in a society with an across-the-board lower standard of living (which will also affect you, because it drags the GDP down, increases crime rate, and so forth), it's pretty much unavoidable.
That doesn't mean that you have a duty to hire people. Trust me, I understand that it can be difficult to make ends meet as a small business. But you have to recognize that you can't both have your cake and eat it, too. If all employees suddenly were paid 20% less across the board, then you'd eventually see a drop in sales, too. Someone has to buy your products or services.
Re:As a business owner (Score:2, Informative)
Oh gee, I think my BIGOT radar just went off! So you can't work with people who are different than you? Where do you work exactly, the KKK gift shop?
If you don't, you may want to apply. I'm sure if you're white you'll fit right in there.
Re:Citizenship (Score:5, Informative)
I work for DoD indirectly (not a defense contractor) and my emplyoer cannot hire non-US citizens, so there are exceptions to that rule.
I work with a DoD contractor, and to be honest, that which you describe is not an exception to the rule. Requiring US citizenship is not the same as asking for one's country of origin, for example. You can have India or Guatemala as the country of origin, and a gig requiring US citizenship can only ask you to prove your citizenship (via a US passport, voter's registration, birth or naturalization certificate.)
The DoD background check that follows for a sec. clearance (either after getting hired, or as a pre-requisite to allow your employer to hire you), that process and that entity can dig around those questions, to determine if you are a risk. But that's a process distinct from employment. For employment alone, no one, and I mean no one can legally ask for such questions during an employment interview.
Maybe for some black-ops shit that is beyond the comprehension of us mere pedestrian schmucks, but that is highly speculative to begin with.
Re:This actually happened to me (Score:4, Informative)
See, that's too nice a response. Now, I'll grant you that I've never had to face these kinds of questions, because I'm a fairly young straight white guy who can look reasonably square and business-y when I need to, but I do know people who have, and this is my advice to them.
The correct answer to that question is "So you are aware, that question is illegal under current US employment law." You can then choose whether you want to take a hard line, and follow it up with either "Even though you can't use it in your hiring decisions, I'm mostly of _____ ancestry." or "If you absolutely insist on knowing this information, I see no reason to continue this interview, and will report you to the EEOC."
Family background questioning (Score:4, Informative)
Let's name some names here. I don't have any particular beef with this company or individual. It's just what came to mind when the question came up.
Back in 2006 or so, I was looking for a new job and pegged an interview with a company called 41st Parameter. They were an financial anti-fraud company. Kind of like credit card fraud detection sort of stuff.
I had an interview with Ori Eisen, their founder. He didn't seem too terribly interested in my job-related abilities so much as my background and personal family situation. He asked about my marital status, parents, current family situation, where I had lived previously, personal life stuff. He focused in on ethnicity and all kinds of shit you just don't do. He went there. I seem to remember that he might of been Israeli and asked me something about my ethnicity related to that, but I don't recall exactly. I just remember that he basically was not interested in my technical abilities and just wanted to know about my family background and personal details.
In summary the guy when into HR no-no territory.
I obliged the man on some questions where I just didn't mind, but I refused to answer other questions. That seemed to piss him off. He was a very forceful and fast-paced guy. He wanted to know all about me but wasn't willing to answer any of my very basic questions about the company.
After that first interview, I wasn't interested in the job and I ended up working somewhere else soon after.
I can't say that I had another interview where I had been asked such inappropriate and career-irrelevant questions.
Re:Citizenship (Score:4, Informative)
I think that even in that case, they still can't ask if the applicant is a US citizen - they say something like "fyi you must be a US citizen to work here", and then HR just doesn't approve the hire if it turns out the applicant isn't a citizen.
Re:Citizenship (Score:5, Informative)
I work for DoD indirectly (not a defense contractor) and my emplyoer cannot hire non-US citizens, so there are exceptions to that rule.
I work with a DoD contractor, and to be honest, that which you describe is not an exception to the rule. Requiring US citizenship is not the same as asking for one's country of origin, for example. You can have India or Guatemala as the country of origin, and a gig requiring US citizenship can only ask you to prove your citizenship (via a US passport, voter's registration, birth or naturalization certificate.)
The DoD background check that follows for a sec. clearance (either after getting hired, or as a pre-requisite to allow your employer to hire you), that process and that entity can dig around those questions, to determine if you are a risk. But that's a process distinct from employment. For employment alone, no one, and I mean no one can legally ask for such questions during an employment interview.
Maybe for some black-ops shit that is beyond the comprehension of us mere pedestrian schmucks, but that is highly speculative to begin with.
Emigration status and citizenship status cannot be asked. I've been in the interviewer position for mor than a few high level security jobs and have been advised to rephrase those questions as "Are you eligible for a Secret/Top Secret clearance?". That can then be followed with eligibility requirements as a statement of fact.
Re:I've had worse questions... (Score:3, Informative)
See, personally, I would deliberately not hire somebody who carries a concealed weapon. There's a chance they may bring it to work, and that is a bad thing.
If they have a concealed carry permit, they will not bring it to a workplace that does not allow guns. One of the main components of getting the license is knowing where NOT to carry, along with having a very clean criminal record.
Plus those with a concealed carry permit commit a lot less crimes as a group. Why worry about someone who took the time to get licensed and knows appropriate behavior, when someone who says they don't carry might be lying?
Re:Maybe you need a longer time sample (Score:3, Informative)
The US has double the landmass and a slightly higher GDP/capita, which is probably because the population is less dense.
Re:Religion (Score:4, Informative)
Turns out that the contract position would require travel to Saudi Arabia.
Some middle eastern countries will not even let you in the country if they can see you visited Israel - regardless of your heritage. Which is why Israel will not stamp your passport if you request it.
Re:Citizenship (Score:5, Informative)
Small difference between requiring service for citizenship and saying 'Hey, this is one way you could become a citizen. Since you're helping us out we'll even fast track the process". That said, nearly all the rules are a little more stringent for contractors than actual members of the military. Especially with junior enlistees (those most likely to be non-citizens) the service has a lot of control over the day to day lives of servicemen. They have much less control over contractors so they tend to hold them to higher standard. It's ironic, but makes a certain amount sense from their point of view.
Re:Citizenship (Score:5, Informative)
Canada doesn't use Social Security Numbers, we use Social Insurance Numbers.
Re:Citizenship (Score:3, Informative)
Re:Citizenship (Score:5, Informative)
Also, it takes on average a bare minimum of 7 years [aclu-tn.org] to get citizenship in the United States, and that's if conditions are good for you all around. 4 years in the military could be as sweetheart deal compared to (potentially) 20 years of paperwork.
Re:Maybe you need a longer time sample (Score:4, Informative)