It’s important to know that during an interview, there are certain questions an employer cannot ask. In fact, it’s illegal to do so. Knowing which questions you can answer and which you don’t have to, and shouldn’t, is important to help you get through your job hunt. You’ll be able to give yourself the best chance at being hired and can determine the company’s policy on business ethics, and if you even want to work for them.
Age
At no point should an interviewer ask for your specific age. Depending on the job, and to protect themselves against violating minor labor laws, a company can ask if you are at least 18 years of age or older. However, you are not required, and shouldn’t be asked, to give your exact age. Your date of birth shouldn’t be something you provide until you are actually hired.
Race
A person’s race should never be discussed during an interview. Some companies conduct a phone interview screening process before it gets to that stage. No direct or indirect questions aimed at revealing a person’s race can legally be asked. A company should also not make inferences based on your gender and ask questions that suggest stereotyping.
Gender
Gender is another protected class that companies cannot directly ask about. Certainly there are some careers that are dominated by one gender more than another, but they’re not limited to that particular gender.
Nationality
Likewise, a person’s nationality has no bearing at all in the hiring process. However, companies may be looking for candidates who understand many languages or can legally work in the United States. They cannot ask if you’re a U.S. citizen, but they can ask if you’re authorized to work in the U.S. They cannot ask what your native language is, but they can ask about what languages you can write, read, or speak.
Religion
Some companies will try to hedge around this as a way to determine what days and what holidays a person will need off. An interviewer cannot ask what religion you observe, but they can ask what days you’re available to work without bringing up the topic of religion in the first place.
Military Status
A person’s military status should never hinder them from an employment opportunity. You should not be faced with questions about your status in the military in terms of your availability (National Guard, etc). You also cannot be asked if you were honorably or dishonorably discharged. You can answer questions about how your military experience can help the company, but don’t feel obligated to share more details than you have to.
Familial Status
At no point during the interview should you be asked questions about your family. Whether or not you have kids, plan to have kids, are married, or live alone is irrelevant to the job. Some companies may discriminate against those with kids, especially single parents, as there is a concern over arriving to work on time or having to bring the kids to work. It doesn’t matter. They can’t ask about your kids, how they’ll be taken care of while you’re working, or how many you have. They also can’t ask about what your parents do for work or about their background.
Pregnancy
If you’re pregnant during the time of your interview or are planning on becoming pregnant, companies are not allowed to ask you questions about your due date or make assumptions about you being unavailable to work.
Health, Mental Abilities and Physical Abilities
A person’s height, weight, physical or mental disability, or personal habits (smoking, drinking, etc.) are not up for discussion. An employer may ask if you can lift boxes up to a certain weight, but they cannot ask you how much you weigh and infer your capabilities. They also cannot ask how your disability, if you have one, would limit your work performance. They can, however, ask if you are able to perform the required job tasks without assistance.
Criminal History
Employers can ask if you have been convicted of a crime, but they cannot ask if you have been arrested. This is an important distinction to know.
Some employers may take a millennial’s inexperience for granted and see if they can get away with asking illegal interview questions that violate the protected classes mentioned above. Take the time to educate yourself and don’t feel pressured into answering any question you feel is illegal.
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