During a job interview, employers are allowed to ask any number of questions relating to a person’s qualifications for the job. This does not mean they can ask any question whatsoever of a job applicant, nor can they require an applicant to answer questions which are illegal. Illegal interview questions can be those that relate to one’s age, race, gender, national origin, marital status, or religion.
While questions relating to these subjects aren’t explicitly illegal, they can imply an illegal motive – to discriminate. Title VII of the Civil Rights Act makes it illegal for employers to discriminate based on race, color, religion, sex and national origin. For this reason, questions that have discriminatory implications based on any protected category which leads to an employer denying you employment is illegal.
Below are questions that employers should never ask:
These questions can be considered illegal.
If you are asked an illegal question during an interview, you basically have two options:
If you believe that you are denied employment based on your response to an illegal interview question, you may wish to file a complaint with the Equal Employment Opportunity Commission (EEOC).
You need to file a charge within 180 calendar days from the alleged discrimination. The Commission will investigate your claim, which takes approximately 10 months. If the EEOC isn’t able to determine whether the law was violated, they will send you a Notice of Right to Sue, which gives you the right to file suit in court. If the EEOC determines the law may have been violated, they will try to reach a voluntary settlement with the employer.
If you believe you have suffered employment discrimination, you may wish to contact an attorney about the best course of an action. An employment attorney can help evaluate your chances of prevailing and will represent you throughout litigation.
Last Modified: 12-11-2017 03:43 PM PSTLaw Library Disclaimer
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