Interviewing for a job is nerve-racking for applicants but they can also be a dangerous playground for the job interviewer, especially the inexperienced. Unwittingly, these newbies can ask questions that are actually illegal.
According to a CareerBuilder survey, twenty percent of hiring managers have asked illegal questions without realizing it. And though their intentions are harmless, they could be putting themselves at risk for a lawsuit.
This is why it’s so important to know what questions they can and can’t ask. These include questions dealing with religion, age, race, health and more.
Here are 10 illegal job interview questions an interviewer isn’t allowed to ask:
- How many children do you have?
Many inexperienced hiring managers ask questions about family as an icebreaker, not realizing that these innocent inquiries are unlawful. Generally, all questions about family and personal relationships are off limits.
- Where do you go to church?
Asking about religious affiliation is a BIG no-no unless you work for a religious institution. Holiday celebration preferences should also be avoided.
- How long have you lived in the U.S.?
A potential employer can still ask if someone is legally allowed to work in the U.S. but they can’t ask whether or not you are a citizen or how long you’ve lived in the United States or even from what country they originate.
- Do you take drugs?
An interviewer can ask if you use illegal drugs, but asking about drug use in general isn’t acceptable. It’s all in the wording.
- Where do you live?
Again, a seemingly innocent question but this question is illegal based on the fact that asking where you live could be interpreted as a way to discriminate based on location. However, they can ask if you’re willing to relocate for the job.
- Who did you vote for in the last election?
The topic of politics should always be avoided on both sides during an interview unless it has some specific role in the job you’re applying for even though there are no federal laws prohibiting private employers from asking political affiliation questions.
- When do you plan to retire?
They can ask about your long-term career goals and plans but they cannot ask you when you’re planning to retire because this could lead to age discrimination charges.
- How often will you be absent for National Guard duty?
Job interviewers can inquire about your obligations with the National Guard but they are treading on thin ice when they ask this question since discriminating against members of the military, including the National Guard, is illegal.
- Have you ever been arrested?
Make sure you understand what the laws are in your state. In some states, employers are only permitted to ask potential hires whether they’ve ever been convicted of a crime, not whether they’ve been arrested.
- How often do you take sick days?
In general, potential employers should avoid all questions that have to do with medical issues because of discrimination based on a person’s health or disability. However, they can ask how frequently you have been absent from work last year, to include vacations.