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?"
Re:As a business owner (Score:5, Interesting)
Try hiring someone in Germany. Or better yet, try firing them. No wonder the German economy is doing so poorly compared to the United States.
I've had worse questions... (Score:5, Interesting)
The questions posted are stuff an interview gets anyway, because every job application has a form to fill asking for race, religion, etc. It supposedly is optional, but in reality, if an applicant bins that form, their resume gets binned.
I've been asked on interviews worse questions:
"How many piercings or tattoos do you have?" Apparently, any is grounds for termination at some places.
"How fast can you get to work from your place at both wee hours of the morning as well as rush hour?" The place graded people on a tier system -- people who were lower tiers were people who were not in the center of town or had to commute through a main, overcrowded highway.
"What kind of car do you drive?" I've had two places where they considered the choice of vehicle as part of the hiring process. One place viewed anyone driving anything but a hybrid subcompact as contemptible, and anathema to their "green" image. Another place viewed anything but European sedans as "too pedestrian for our parking lot." I even overheard the interviewer saying, "hire the BMW guy, beemer drivers have organizational skills."
"Do you pack?" Having a concealed carry will help you get a job at some places because it means that you already went through some criminal screening.
The best one was a question/statement: "Do you have a CISSP or a TS/SCI clearance? If not, GTFO. We don't hire garbage who can't prove themselves."
Re:As a business owner (Score:4, Interesting)
So what's your solution to the Facebook password problem? Allow employers to investigate every detail of every applicant until they find something wrong with them? If you let that happen, then employers would be more invasive to minorities and people they don't want to hire (based on race) to the point that they found a reason - any reason - that the applicant shouldn't be hired.
As an employee, there are certain privacy lines that should not be crossed by my employer. If I post pictures of my wild parties during the workweek and let the public see them on my facebook page that's my own fault (and if the employer wants to go looking for/at those photos they are more than welcome to), but why should my privacy be intimately invaded in pursuit of a job?
Furthermore, you could have employers that dig deep and hard enough to find all sorts of blackmail material and then blackmail their employees to work long hours for low wages and never leave or complain.
The balance of power in a potential employer/potential employee situation is heavily tilted in the potential employers favor because presumably the potential employee either needs the job or wants it bad enough to switch away from their current job. And that unbalanced power has to be rebalanced by the law because there are asshole employers out there that would love to screw over their employees.
I understand that hiring people is a risky venture, but unfortunately that's part of the risk you take on when you decide to hire somebody - that you might have to fire them (and pay unemployment) if they don't work out. They take on the risk that they may not work out, but it is much less of a risk for them because they do not have to pay unemployment compensation, they get unemployment compensation.
There really isn't much that can be done about this situation without upsetting the applecart one way or another.
Re:Citizenship (Score:5, Interesting)
"service guarantees citizenship!" (Starship Troopers)
The Romans beat them to it.
This actually happened to me (Score:5, Interesting)
I was asked my nationality in an interview once. I clarified the question with the interviewer, then told him I felt it was inappropriate and not relevant. He insisted, so I thanked him for his time, got up and left.
I don't want to work for a company where such things are pressing enough for the interviewer to feel like he needs to address it.
Re:I've had worse questions... (Score:2, Interesting)
"How many piercings or tattoos do you have?" Apparently, any is grounds for termination at some places.
Well, I have some friends who work for Starbucks, and apparently corporate policy is not to have visible tattoos. None of them seem to pay attention to it. I can see it being important in a customer-facing role, wanting to present a clean-cut image, but if you're never face to face with customers, then who cares?
"How fast can you get to work from your place at both wee hours of the morning as well as rush hour?" The place graded people on a tier system -- people who were lower tiers were people who were not in the center of town or had to commute through a main, overcrowded highway.
That's just asinine. If it takes me an hour to get to work in the morning, then I leave an hour early. Not hiring me because of that is silly.
"What kind of car do you drive?" I've had two places where they considered the choice of vehicle as part of the hiring process. One place viewed anyone driving anything but a hybrid subcompact as contemptible, and anathema to their "green" image. Another place viewed anything but European sedans as "too pedestrian for our parking lot." I even overheard the interviewer saying, "hire the BMW guy, beemer drivers have organizational skills."
Impressive. My understanding was always that BMW drivers were assholes, on the whole. Especially if it's a black 5-series.
"Do you pack?" Having a concealed carry will help you get a job at some places because it means that you already went through some criminal screening.
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.
The best one was a question/statement: "Do you have a CISSP or a TS/SCI clearance? If not, GTFO. We don't hire garbage who can't prove themselves."
Not sure how things work in the states, but around here, a company needs to put you forward for a TS clearance. You can't just get one as an individual. Sounds more to me like they're cheap, and don't want to pay for you to get the clearance when they can get somebody else to pay for it instead. It costs money and time for them to have you do the paperwork and submit it.
As a frequent interviewer and manager ... (Score:5, Interesting)
I don't mind any of the regulations discussed in the article.
I keep my interview questions focused entirely on whether the person will do a good job. That's what I really care about, not whether the person has a wife and kids, whether they're Irish or Turkish or Chinese, or what religion they are. I'm hiring the person to code, or answer phones, or clean the bathroom, not choosing them to be my best buddy. I like many of my coworkers and subordinates and bosses personally, but when it comes down to it it's a business relationship, not a personal relationship, and I have no problem hiring somebody I personally dislike if they're going to be profitable for the company to hire.
Here's the difference in questions between a legal interview and an illegal interview. Ok:
"I see you've worked in C++ on a variety of platforms. Did you ever use Qt, and if so what did you think its good and bad points were?"
"This job involves moving boxes weighing about 50 pounds to upper shelves. Would you be able to do that?" (obviously, only if that is what the job involves)
"This job requires that you work on Sunday mornings. Will that work for you?" (again, only if you actually need them to work on Sunday mornings)
"What's your approach to prioritizing tasks when multiple people come by with urgent requests?"
"Are you legally allowed to work in the United States?"
Not OK:
"Do you like hip-hop?" (noticing the candidate is black, for a position not in the music industry)
"How many kids do you have?"
"Are you married?"
"Could I get a recommendation from your pastor?" (unless you're hiring for a religious institution)
"Are you currently on any medications?"
Notice that the first set is all about the economic transaction - I'm considering hiring you to do XYZ, I need to make sure you can do XYZ. The second set is all about things that have nothing to do with whether they can do XYZ.
Turning the tables (Score:5, Interesting)
Once, in an interview, I went through a marathon process of several managers and supervisors.
My last interview was with Ana (...sigh...) - quite possibly the hottest woman I've ever known - if not ever seen. The interview went normally (for me - blatant truth has always been the best course of action for me) - and when it was apparently over I was asked "Do you have any questions for me?"
Perhaps that was the wrong question to ask a person who had only recently got over the agony that is divorce. I answered with the most pressing question on my mind - "Would you like to go out to dinner?"
Unfortunately, she wasn't wearing her wedding ring that day, or I wouldn't have asked (really, that's just tacky). After a very hot blush, she explained her marital status and I became a little embarrassed. She said she was flattered...
That job was great for a little over a year until the company moved to Korea and I moved to Texas. Ana's assistant Christina was quite possibly the second hottest women I've ever known - or seen. The scenery was incredible!
Re:Citizenship (Score:5, Interesting)
How about terminating an interview for being a naturalised sitizen from Europe or asking for a social security number
The first type of question is illegal beyond belief (the Feds and or State would love to drag said interviewer to a federal/state court.) As long as you can work legally in the states (independently of the nature of your citizenship or legal residence/immigration status), an employer cannot terminate the interview just because you are from Europe (or a naturalized citizen with Europe as the region of origin.)
The second one, it depends. If the employer asks for your social security as part of your job application and you refuse, they can (and should) stop the interview. After all, if you are a citizen (naturalized or otherwise), you will have a ssn. And your employer needs your ssn to employ you, pay you and deduct your taxes, for verification, etc. You can refuse giving it, but then the employer should reject you (I would.) And if you don't have one, it would call your naturalization (and your entire immigration status/history) into question.
Illegal? (Score:4, Interesting)
The article is pure bunk - none of these questions are illegal. Discrimination based on on answers to these questions is illegal, but not asking them.
As an interviewer, these are questions which should never be asked, because they leave you open to an accusation of discrimination. That doesn't make them illegal.
Comprehensive discussion and advice on the topic: http://www.manager-tools.com/2011/06/answering-illegal-interview-questions-part-1
Re:This actually happened to me (Score:5, Interesting)
Well, when I established that a) I had heard the question correctly and b) they wanted to know even though I mentioned it was inappropriate and irrelevant, I determined that I didn't want to work for the place. Threatening wouldn't have accomplished anything in my favor, so I classified that as a pointless option.
I could have reported them, I suppose. And probably should have. I just didn't feel it was overly critical; if that's how they want to run their business ( from the looks of it, straight in to the ground ), that's their choice. I ended up finding a smaller employer where my benefits package is far more substantial, so everything worked out in my favor. :)
Re:This actually happened to me (Score:4, Interesting)
Because it has been the basis for discrimination. Simple answer.
I was passed over for a job because I'm white and English - the company was run by a heirarchy of mostly Muslim men who clearly didn't like the idea of hiring an ICT manager who was not in their club. I sued out of principle, and won (because I covertly recorded the interview, transcribed it and handed the transcription in with my claim, it was open and shut). That company continues to not operate since I demanded and got their client accounts seized by the court. I wasn't interested in the job or the money anymore, what I wanted I got - them stopped from doing business in the UK since they couldn't play by the rules.
Religion (Score:5, Interesting)
I can think of only one time it's ever come up.
I was doing contract work. I was just finishing up one when a headhunter I worked with left a message on my machine. "I think I have a really interesting contract job for you. I have only one question: Are you jewish? Give me a call."
I have to admit--I was intrigued. So I gave him a call.
Turns out that the contract position would require travel to Saudi Arabia. I'm not sure if Saudi Arabia will issue you a visa if you are jewish, making it difficult for a jewish person to complete the obligations of the contract. Since I'm not jewish, it wasn't really an issue for me, so I ended up taking the contract.
Jews that I have told that story to since then have pretty much said, "Yeah, I wouldn't take the contract. Even if they let me into the country, who knows what would happen?"
Inform them of the risk they're taking. (Score:4, Interesting)
Asking for your Facebook password is practically the same as asking forbidden interview questions.
What happens when the HR person looks at your page and sees that you're participating in the setup of inter-racial gay Jewish recognition events?
Do they really want the risk of having to defend themselves in court against charges of discrimination when you are not hired?
There is a reason that they avoid certain questions. Those questions can land them in court. Demanding access to your personal life can be the same as asking those questions. With the same results.
Maybe you need a longer time sample (Score:3, Interesting)
The US remains in the aftermath of a massive economic downturn due to a housing and credit bubble bursting, and the current administration's incompetent and often counter-productive attempts to deal with it. But if you actually look at US vs German economic growth over time, it isn't even close. You do realize that the US - extant for a mere 238 years - has a GDP the size of the entire EU?
Re:As a business owner (Score:5, Interesting)
Ah, but was that because of or in spite of?
Ever heard the term "begging the question?".
Do you think that growth you have boomed like that for 100 years if tax increases had been a significant impediment? A great deal of the growth was due to the war effort, infrastructure, etc. Infrastructure development is the numero uno factor (or one among the top) in almost any development success in the 20th century. Where the hell do you think that gets funded from? Miracles and prayers? Taxes man, taxes. That and a lot of other things provide sufficient proof that taxation is not inherently an impediment to growth.
What do you have to back up your position? A self-referencing, speculative question?
Re:Citizenship (Score:5, Interesting)
After all, if you are a citizen (naturalized or otherwise), you will have a ssn.
Not necessarily. You don't just get one issued at birth, although the state would love to do that. You have to apply.
And your employer needs your ssn to employ you, pay you and deduct your taxes, for verification, etc.
Employment comes after the offer and acceptance. Until you are an employee, you don't need to tell them. When they need it to deal with Social Security, they will get it. For "verification"? Well, that's illegal too. SSN Is not to be used for Identity. My card says this in black and white right on the front.
And if you don't have one, it would call your naturalization (and your entire immigration status/history) into question.
If a potential employer questions your citizenship because you won't tell him your SSN until you are hired, you will have worse problems than the interview awaiting you.
Re:I use my preception but don't ask out loud. (Score:2, Interesting)
I've 'worked' with more then a few. I wasn't born a castest. Many had lower caste 'help' to get through university. The trick is to hire their former help, not them.
Re:As a business owner (Score:2, Interesting)
Those laws are so irrational. There's no way to prove why someone was fired. And an employer can always come up with some other reason. Best to just let people do what they want--they are going to anyway.
Yep, I'm an American (Score:4, Interesting)
I'm a n-th (n > 7 or so) generation American of European ancestry. I had an interview with, ahem, a major search company. In one of the sessions, I estimated a short distance in meters. The shocked interviewer flipped quickly through my resume and hiring notes:
Him: Wait, are you an American?
Me, very surprised: Ummm, yeah... does that matter?
Him: It's just that you used the Metric system.
Me: I minored in physics.
Him: Oh.... [scribbling]
I don't think my citizenship status affected the eventual hiring decision, but that really caught me off guard. I wondered how that same question would've felt if I wasn't born and raised here.
ignorance about the law (Score:5, Interesting)
I'm not even going to pretend to read TFA. The summary refers to sexual orientation as something that employers aren't allowed to ask, but in most states in the US, that's simply not true. Apparently some idiot doesn't understand the difference between his state's laws and the laws in other states or federal law. Or just doesn't know jack shit about employment law, and is making assumptions. Guessing.
Under US federal law, sexual orientation is not a protected trait. The law offers no protection whatsoever to someone who is gay/lesbian/bi/transgender or who is perceived as such. Many states do offer that kind of protection. But many do not. Some cities offer protection. Most do not. An interviewer can ask, and if they don't like your answer, they can deny you a job. Or an employer can fire you from one you already have. There is no penalty for it. If this strikes you as unfair, maybe you should get off your ass and tell your Senator and Congressperson, so maybe they'll feel some pressure to pass ENDA someday. Thanks.
Once upon a time when I was looking for work, and collecting unemployment benefits, I was "this close" to a formal job offer from an organization which I knew had problems with gay people. To protect my benefits from the consequences of getting hired and then fired again, I told the HR director that I was gay, and that I was involved in publicly advocating for the rights of gay people, such as being interviewed briefly on TV about it the year before (which is why I had to tell her), hoping that by being up-front about it, I'd inoculate myself from unpleasant surprises down the road. She got very quiet, and the next communication I received was a terse form letter saying that they were not offering me the job. And that's when they're nice about it. I got to collect unemployment benefits for several more months while I found another place that would hire me.
Most employers don't ask. At least not directly. But I've learned that, unless I am willing to suppress any hint that I'm gay (e.g. mentioning that I am unmarried at my age), my employment options are limited. At least they aren't allowed to ask if I'm married or what church I go to, which might give me away, but I've had to go from "activist" to "passivist", effectively going back into the closet, because I can't afford the luxury of being an openly gay member of the workforce.
So to answer the question: I'm rarely asked illegal questions. But when I'm asked legal ones that I know will result in me not getting hired... I lie.
I answer truthfully, and maybe exaggerate (Score:5, Interesting)
I wish interviewers would ask the questions they want and ignore those guidelines. I want to know as much about the company and its practices before I take a job, and if they stick to bland questions, I lose a lot of information. If they think my race or religion or political views are important, then I want to give them smartass upsetting blasphemous answers before I walk out of the interview, not after I have had the job for a few days.
I really REALLY wish the government would stop trying to help me with its one-size-fits-all-politically-correct-thinking policies. I have a direct stake in the outcome of my decisions, and where I make mistakes, I learn for the future, unlike government bureaucrats.
Re:what (Score:3, Interesting)