Employers must be especially careful about what questions they ask during interviews. If they ask an interviewee about their race, age, national origin, health or gender, they could file a discrimination claim against a business, leading to financial and reputational losses.
Here are a few questions employers may need to reconsider asking during a job interview:
1. Are you married?
An employer may ask an interviewee if they are married because they noticed they wear a wedding ring or simply as a conversation starter. While asking someone about their marital status may seem like an innocent question, questions about this can violate equal employment laws. An interviewee may believe that this question could negatively impact their status at a job, especially if their marital status impacts the hours they work or travel options.
A question employers could ask is whether an interviewee can work overtime or is willing to travel or relocate for their job.
2. Are you planning on having a child?
State laws protect workers from pregnancy discrimination. Women are often asked whether they plan to have children. If an employer asks a female interviewee any questions about their family status, such as how many children they have or if they plan on having a child, the interviewee may have concerns about their employment status and possible prejudices from co-workers.
Employers may have valid concerns about an interviewee’s long-term career goals. Inquiring into an interviewee’s goals could help an employer make a judgment based on their commitment rather than their family status.
3. Do you have any disabilities?
Asking if an interviewee has any disabilities, mental illnesses or physical impairments could be a sign of discrimination. Other problematic questions may relate to whether an interviewee has filed for workers’ compensation or has had past medical operations. The Americans with Disabilities Act (ADA) protects workers from disability discrimination.
However, it may be reasonable for employers to ask interviewees whether they have any limitations that would prevent them from performing their duties, such as lifting heavy packages. Employers may also need to provide reasonable accommodations for potential employees.
People who encounter these questions during an interview may politely decline to answer or frame answers in the context of their abilities to fulfill the duties of the advertised position.
