Discriminatory Things Employers Say in Job Interviews

Let’s say that you go to a job interview. The questions seem pretty standard. They didn’t seem to ask anything that would seem obviously discriminatory. But did they?

You may be surprised to know that there are a lot of things that employers cannot ask in job interviews—but they often do. And when they are called to task for it—such as when a potential employee sues for discrimination—the employers are often shocked to know that the questions they thought were standard, actually violate EEOC regulations and federal and state discrimination laws.

Hidden Gender Bias

Most employers and people in general know that it is illegal to discriminate on the basis of sex. But often, questions that employers ask are discriminatory without them (or possibly even you) being aware of it.

So, for example, asking if you are “going to start a family,” or saying there is a job “but it requires a lot of heavy lifting” or other subtle comments, can indicate discrimination and gender bias. Asking about your childcare, time you spend with or on your kids’ school or activities, or after school arrangements, can also be discriminatory.

Citizenship and Immigration

Often, employers will ask about citizenship, which on its face is not discriminatory. But really what they may be  doing is discriminating on the basis of national origin, which is illegal.

Employers will often try to couch immigration status questions to hide underlying bias against people of differing ethnic or national origin backgrounds.

Subtle words can make a difference also. Asking “are you here legally” may be discriminatory as opposed to asking “are you legally authorized to work,” which may be acceptable.

Age Bias Questions

Other than ensuring that a potential employee is of legal age to work, there is otherwise almost no reason to ask or need to know an employee’s age. While asking for a date of birth itself may be OK, employers often go beyond this, asking questions like:

“This is a high energy job, are you up to it?”

“Are you able to handle the technology we use here?”

“We deal with younger clients, are you Ok with that?”

Health and Disability

Any question at all about your medical history, medical conditions, illnesses, or past injuries, could be a sign of disability discrimination.

The same goes for asking how many days off you took for any prior injury or illness or condition at your prior employer. Questions about how many doctor visits you may need, or how you will do a certain activity given a handicap or disability, could indicate discrimination.

And while questions about gaps in your employment history are OK, those questions often lead to improper and illegal inquiries about your health, if the gaps in employment were in fact because of medical conditions.

Discrimination in hiring can be hidden. Ask us if you’re unsure. Contact the San Jose employment lawyers at the Costanzo Law Firm today.

Source:

shrm.org/topics-tools/news/inclusion-equity-diversity/discriminatory-questions-are-plaguing-the-interview-process