Did you know some interview questions are illegal?

On Behalf of | Mar 2, 2023 | Workplace Discrimination |

When undergoing a job interview, it is not impossible for an employer to try finding out personal information through their questioning.

However, due to federal anti-discrimination laws, there are certain questions that employers legally cannot ask.

Business News Daily discusses interview questions that may not fit legal parameters. Certain questions cannot get asked because they might influence the employer’s decision to hire the potential candidate. Some of these questions may seem quite surprising.

Questions about existing children

First: interviewers cannot ask about children, or specifically whether or not you have them. Employers may fear that someone with a child to look after may take more sick days or days off in order to handle a child’s illness or any special events in their life.

Questions about marital status

They also cannot ask about marital status. Even asking about whether or not a person worked under different names before could potentially end up a red flag that could get an employer into some hot water. This is even more true if the employer only asks female applicants this question.

Questions about plans to have children

Finally, they cannot ask if you plan to have children. In the same way that employers worry about the availability of an employee with children, they also often worry about how available an employee may grow if they have a child. The interviewer could end up thinking about pregnancy leave and workplace accommodations and decide that it is too much hassle to hire the individual.

Any form of such questioning could lead to potential discrimination, so it is important to avoid it.


FindLaw Network