Dealing with Illegal Interview Questions
Interview questions are usually meant to establish how suitable the person being interviewed is for the available position. These questions also seek to establish whether the applicant has the mentality that will suit the job. However, some questions asked during an interview can be very personal. But in California there is a limit to the breadth of topics and questions that can be discussed during an interview, as some can considered illegal. These illegal interview questions generally violate the rights of the interviewee and usually seek to discriminate people based on different aspects of their life. This can therefore take the interview in a different direction and may not end up properly checking whether the applicant is a suitable applicant.
What interview topics/questions are considered illegal?
In California, there are guidelines for how to conduct a proper interview followed by a set of questions which can be deemed illegal by the law. Questions about the following areas of a potential candidate’s life that are illegal to inquire about include:
- The sexual orientation of the person being interviewed.
- Questions that seek to establish the religious beliefs of the applicant.
- Questions regarding the applicant’s race or country of origin.
- Asking the age of the applicant.
What do I do when an illegal topic arises?
It is always important to have done proper research before going for an interview to determine the illegal interview topics and questions that may arise. When one is aware of the illegal topics and questions it becomes easier to notice them while being interviewed. It is also the obligation of the employers to know the questions that they cannot ask the people they interview.
If during an interview an illegal topic or question is asked, it is important for the applicant recognize this and to notify the interviewer. According to California law, the interviewee is advised to refuse to answer the question, and report that the topic is illegal to cover. One should do it in a firm but polite manner without showing anger. The interviewee can also proceed to answer the question and then notify the interviewer that it is illegal if they wish to do so. This allows the interview to precede despite the inclusion of the illegal questions.
The California laws also give applicants the opportunity to file claims through contacting the local Equal Employment Opportunity Office. This particular office will look at the claim and take the necessary action against the interviewer to protect the person seeking employment. Therefore, when interviewing in California, it is always paramount to know the illegal interview topics or questions that can violate the civil rights of the person applying for a job.
Photo Credit: Shutterstock/ Dragon Images