What’s Legal and What’s Not during the Interview Byhalia MS

Do you ever wonder when leaving the interview if the questions you have been asked are on the up and up? Do you sometimes feel like you might have been asked a question that you shouldn’t have been asked? Well, there are laws for these things. There are federal, state and local laws that govern what can be explored during the interview and those things that are totally off limits.

It’s interesting; you would think that companies would train their management – at least those that are conducting interviews to know the appropriate way to conduct the interview. The questions asked of you must be totally related to the job – whether you can perform the essential functions of the role. When asked an illegal question you can decline to answer (this will probably result in not being called back); answer (and risk of giving the ‘wrong’ answer); or simply respond that you can meet the job requirements as stipulated.

Here are some questions that you should be wary of:

Are you a citizen of the United States? Employers are not allowed to ask this question. This has nothing to do with ability. They can ask if you are authorized to work in the U.S. since being a legal resident or citizen is required to be employed here.

How old are you? This is a definite no-no. How old you are has nothing whatsoever to do with whether you can perform the job. If you are qualified and can fulfill the job requirements – then that is all they need to know.

Are you married? How many children do you have? Who will care for your children when you are working? These questions and other similar questions are asked to determine whether you will be able to commit to the job and spend the required time at the office or traveling. This information is private; again, having nothing to do with the job. If the job requires overtime or travel, the potential employer can ask about your ability to meet a travel schedule or work overtime.

Do you have an illnesses / disabilities? A disability or illness that does not hamper your ability to perform in a role does not need to be mentioned to a potential employer.

Have you been arrested? What they can ask is: have you ever been convicted of a crime? Depending on the level of severity, this can adversely affect your application.

There are many other questions that a potential employer is not allowed to ask – this is merely a sample. The best way to be prepared to perform well during the interview is to make sure you are fully acquainted with your background and have an understanding of what you should and should not be asked. Do some research to uncover those questions that are – well, questionable. You need to serve as your own advocate during the search. Information and knowledge will enable you to uncover opportunities and ensure that you are aware of your rights during the process.

While the questions above are off limits, it is possible that you might encounter someone who will ask one or more of these questions. So, what do you do ...

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