What Questions Can An Employer Not Ask During a Job Interview?
Posted October 17th, 2024.
Categories: Blog.

Some interview questions can be considered illegal and inappropriate. Federal law governs the questions that can and cannot be asked during a job interview, and states may have individual laws as well. It is crucial that you are aware of these laws and understand what questions are not appropriate for an employer to ask you as a candidate or employee. A Cherry Hill employment law attorney can help you understand your legal options if your rights are violated. Contact an experienced lawyer today for more information.
What is the EEOC?
The EEOC (Equal Employment Opportunity Commission) is a federal agency that protects the rights and interests of employees across the United States. It enforces various laws regarding worker’s rights to compensation, sick leave, overtime, child labor, and more. Because the EEOC protects certain characteristics and statuses, several questions are illegal and inappropriate for an employer to ask during a job interview.
What Questions Can Not Be Asked During a Job Interview?
Any questions related to the classes protected under the EEOC are illegal during an interview. If any of the following were asked your rights have been violated and you should speak to an experienced attorney.
Questions about sex
Any questions about a person’s gender identity or sexual orientation are strictly prohibited. Questions of this nature can lead to discrimination and are generally unrelated to the job at hand.
Questions about race
Interviewers should never ask a person what their race, ethnicity, or national origin is. While it is fine to ask a candidate whether or not they are legally allowed to work in the United States, any other question regarding where they are from or their race can be construed as discriminatory.
Questions about age
Age discrimination is a major issue in jobs around the country. People can be discriminated against if interviewers believe they are too young to perform the job, or that they are too old to grasp new technologies or concepts. Regardless, it is illegal to ask an individual how old they are. Instead, interviewers should focus on their resume and the qualifications they have.
Questions about disability
It is illegal to discriminate against a candidate for any real or perceived disabilities or health conditions. Interviewers cannot ask “Do you have any disabilities?” or “Are you healthy?” If the physical condition of any candidate is a concern for the particular job, interviewers can ask if they are able to perform the essential functions of the role.
Questions about religion
Religious discrimination is another issue in workplaces and an individual’s beliefs are rarely relevant to the role. Interviewers cannot ask “What religion do you believe in?” or “Which religious holidays do you observe?”
Questions about marital status
Questions regarding a candidate’s marital or family status are prohibited as well. It is illegal to discriminate against someone based on their marital status as employers may assume incorrectly that an individual will be too focused on their family or children to excel at the role.