Are There Any Questions an Employer Can’t Ask During a Job Interview?

Human resource manager Is explaining the job to the job seeker before filling out a resume on the application form to consider accepting for employment in the company.

We can all agree that job interviews can be stressful and overwhelming. During this process, the interviewer will pose an array of questions to determine whether an applicant is a good fit. However, due to their eagerness to find gainful employment in this competitive economy, many people overlook certain inappropriate interview questions. Employers may ask improper questions to discriminate against an interviewee, but it’s important to remember you have rights. As such, it’s important to understand what questions can and can’t be asked during a job interview. Please continue reading to learn more about these matters and why connecting with a knowledgeable New York Employee Rights Lawyer is in your best interest. 

What Are Some Questions Employers Aren’t Allowed to Ask You?

Depending on how the questions as posed, those asked about personal topics, such as marital status, race, and health, can be illegal under federal law. The Equal Employment Opportunity Commission (EEOC) is a federal agency that enforces various laws protecting employee rights. Many laws under this branch make it unlawful for applicants to be discriminated against protected characteristics. That said, employers and interviewers should avoid the following questions:

  • How old are you? The Age Discrimination in Employment Act of 1967 (ADEA) protects those aged 40 and older from workplace discrimination. This means interviewers cannot ask candidates age-related questions such as what year they graduated high school as it could lead to certain biases against younger or older applicants.
  • Are you married? Any questions about an interviewee’s marital status, family planning, or childcare are prohibited. These questions are considered inappropriate as they can lead to discrimination based on the assumption that familial responsibilities will impact the candidate’s job performance. Employers should steer to questions about the individual’s ability to work certain hours or fulfill specific duties.
  • Do you have any disabilities?  While it may seem necessary to determine whether or not a candidate can fulfill the required duties of a job, it’s illegal to ask under the Americans with Disabilities Act of 1990 (ADA). These questions can lead to an employer discounting someone from a job because of a physical or mental disability.
  • What religion do you practice? Any questions about religious beliefs are a sensitive issue. Interviewers may wonder whether a candidate will need any religious holidays off, or if they will be unavailable to work on weekends because of religious obligations. However, they can’t intentionally discriminate against an employee based on their religious observations.

These are only a handful of questions that interviewers should avoid to abuse by federal law. If you believe your employment rights have been violated during an interview, please don’t hesitate to contact an experienced lawyer from Bell Law Group, PLLC, who can help you fight for the outcome you deserve and need.

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