By Rachel Gillett
You may think a job candidate to ask if they have children a completely harmless icebreaker, but it's a left many questions best alone for a job interview.
Although very few specific interview questions are themselves illegal, Laura Davis, Associate Professor in the Department of Studies of the Finance and Legal at Bloomsburg University of Pennsylvania ask Professor, he says in the daily labor law, which may be some problems, it used as evidence for discrimination, so that the bad guys get to ask.
"As it is reasonable to assume that all the questions in an interview for a purpose, asked and that personnel decisions are having on the basis of the answers, all questions can be asked during the interview, be used as evidence of a cause of prohibited discrimination" he said.
In the United States certain personal characteristics are part of a protected class and can not be the subject
Discrimination against certain federal and state anti-discrimination laws.
"Even without intent, employers can increase their knowledge of the status of the protected class, the applicant has to make biased assumptions about their skills and work habits," says Davis.
He proposes to take over the best approach, while conducting an interview is to focus on the specific criteria necessary for the job. She says she will help you to find the most qualified employees and to guard against discriminatory.
Here are some of the questions that you do nothing better on the table:
Family
Beware of questions about the status or children of the applicant.
Some states, like New York, specifically prohibit employers from discriminating against applicants on the basis of marital status.
While Title VII, the part of the Law on Federal civil rights, not to prevent discrimination in the workplace, the employer to prohibit information about the status of the protected group, forbids that work made discriminatory on this basis information.
For this reason, the Commission on Equal Employment Opportunity Commission (EEOC) - the actions on behalf of the employee brings to employers - advises employers to questions about marital status or the number of children, because these issues are often used to against the workers different (and discrimination against women is illegal).
Questions that may be considered as evidence of the intention of discrimination include:
"Are you pregnant?"
"Are you married?"
"Do you want to marry?"
"How many children do you have?"
"How old are your children?"
"Do you have children?"
"What are your plans for child care?"
"What do you do to your partner?"
"What's the name of your spouse?"
Some states, like New York, specifically prohibit employers from discriminating against applicants on the basis of marital status.
While Title VII, the part of the Law on Federal civil rights, not to prevent discrimination in the workplace, the employer to prohibit information about the status of the protected group, forbids that work made discriminatory on this basis information.
For this reason, the Commission on Equal Employment Opportunity Commission (EEOC) - the actions on behalf of the employee brings to employers - advises employers to questions about marital status or the number of children, because these issues are often used to against the workers different (and discrimination against women is illegal).
Questions that may be considered as evidence of the intention of discrimination include:
"Are you pregnant?"
"Are you married?"
"Do you want to marry?"
"How many children do you have?"
"How old are your children?"
"Do you have children?"
"What are your plans for child care?"
"What do you do to your partner?"
"What's the name of your spouse?"
Physical or mental disability
The American Disabilities Act prohibits employers ask interview questions, the. The existence of a disability before you can reveal a job offer
These problems include:
"Do you have a heart?"
"You have asthma or other breathing problems?"
"Do you have a disability that may interfere with their ability to perform the job?"
"How many days were you sick last year?"
"Do you have to be ever filed for workers compensation? At work you have previously been injured?"
"Have you ever treated for mental health problems?"
"What prescription drugs are you now?"
These problems include:
"Do you have a heart?"
"You have asthma or other breathing problems?"
"Do you have a disability that may interfere with their ability to perform the job?"
"How many days were you sick last year?"
"Do you have to be ever filed for workers compensation? At work you have previously been injured?"
"Have you ever treated for mental health problems?"
"What prescription drugs are you now?"
Arrest and conviction
Some states explicitly prohibit employers asking about criminal records of applicants, unless the crime is directly related to the job you are interviewing.
Be illegal in countries where the issue is not expressly prohibited, questions about arrests and convictions, if applicants and practices of minorities disproportionately unrelated to job performance successfully removed by the EEOC.
Be illegal in countries where the issue is not expressly prohibited, questions about arrests and convictions, if applicants and practices of minorities disproportionately unrelated to job performance successfully removed by the EEOC.
Ages
Some states explicitly prohibit candidates questions about their age, and in states that do not, the federal Age Discrimination in Employment Act of 1967 prohibits employers from age discrimination for all over 40 years you have questions of any age can feel the give discrimination.
A better question: "How old are you?" or "What year did you get?" It could be: "What is your experience with this aspect of the work?"
A better question: "How old are you?" or "What year did you get?" It could be: "What is your experience with this aspect of the work?"
EU membership
The National Labor Relations Act was created to the right to join unions and prohibits employers from unfairly discourage workers to join a union or to protect the negotiation of a collective agreement, says Davis.
During the examination of an applicant for employment in the EU membership during a job interview is no breach of the law may be, the Court of Appeals for the Ninth Circuit United States has determined that this combined with a paper application form also asks the union membership is "by naturally 'coercive and a violation.
During the examination of an applicant for employment in the EU membership during a job interview is no breach of the law may be, the Court of Appeals for the Ninth Circuit United States has determined that this combined with a paper application form also asks the union membership is "by naturally 'coercive and a violation.
Applications of genetic information
The Law on the genetic information non-discrimination in 2008, it is illegal to discriminate against employees or applicants for employment because of the genetic information and prohibits employers from requesting genetic information from applicants or family member.
Race, color, nationality, citizenship and residency status
Discrimination on grounds of nationality, race or skin color is illegal under the Civil Rights Act of 1964 and discrimination in the hiring, firing or based on citizenship or immigration status of a person is prohibited by federal law recruitment Tax Reform Act in 1986 and immigration.
While asking: "Where is your name" seem harmless, they could be used as evidence of racial discrimination?.
And while a question like: "What languages do you speak" could be useful in a job interview, to ask: "What is your mother tongue" He could also serve as the question of the origin of the candidates interpret nation.
The EEOC also recommends not to the employment eligibility after setting an offer was made to check to avoid accusations of illegal discrimination.
religion
Inform yourself about the religious employers in hot water because of religious discrimination is illegal in the United States through the Civil Rights Act.
Although the federal government could not be expressly used questions about religion that distinguish as evidence of the intention, to prohibit. To avoid issues:
"What is your religion?"
"Do you believe in God?"
"Where do you worship?"
"What day do you pray to?"
"Which religious holidays you celebrate?"
"Can I get a referral from your Rabbi?"
The exception is religious organizations. According to the EEOC, an employer whose purpose and character are primarily religious may reject to recruit people of the same religion.
Although the federal government could not be expressly used questions about religion that distinguish as evidence of the intention, to prohibit. To avoid issues:
"What is your religion?"
"Do you believe in God?"
"Where do you worship?"
"What day do you pray to?"
"Which religious holidays you celebrate?"
"Can I get a referral from your Rabbi?"
The exception is religious organizations. According to the EEOC, an employer whose purpose and character are primarily religious may reject to recruit people of the same religion.
To take requests to a lie detector test
Federal law for the protection of employees in 1988 polygraph Act prohibits most private employers to require or request any employee or applicant to take a lie detector test. It also prohibits employers from discharging, discipline or discriminate against an employee or applicant for refusing to take a test of this kind.
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