Illegal Interview Questions and Topics
It is normal that during job interviews, the employer will try to gather as much information as possible about you, but keep in mind that it is against the law for the employer to ask about or bring up certain topics. Keep an ear open for possible illegal interview questions. Sometimes this might be hard to catch, as they are usually pretty simple and common questions. FEHA (California Fair Employment and Housing Act) declared that topics are that off-limits can fall under:
- Racial / ethnic background and national origins
- Age (over 40)
- Religion
- Marital status
- Sexual orientation
- Sex / Gender
- Arrest and conviction record
- Medical conditions and physical disabilities
- Children
These interview questions can take in the form as:
- Do you have any kids?
- Do you take part in any religious holidays?
- Have you ever been arrested in the past?
- What country do you come from?
- Do you socially drink?
- Of what ethnic background is your accent?
- Are you planning on retiring in the near future?
- What is your credit score? Do you currently have any debt?
- When was the last time you used drugs?
- Are you pregnant?
- How old are you?
Though seemingly innocent questions, these questions are not legal as they can make the interviewee subject to discrimination. FEHA (applies to companies with five or more employees) prohibits employers from asking interview questions related to any of these topics, either it be during an in-person interview or in an application form. Questions about physical ability are permitted when the job being applied involves physical activities, and the employer would need to know if the applicant would be physically able to do certain tasks. This also applies to the rest of the mentioned illegal interview topics as well. These laws were implemented to ensure that the employer would make hiring decisions based on characteristics that really mattered, such as skills, experience, and attitude.
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