Yep. I once had someone ask, “So, you don’t have any kids or dogs, right?” By someone with two non-custodial kids and 3 dogs.
I get asked #10 nearly immediately — I don’t know why; so what if I have an “inner ear” infection and a stomach virus and slur my speech …
So, I’m pretty sure I ASKED at least 5 of those questions when interviewing my potential replacement. Legally speaking, it would have been better to be rude than small-talky.
You know what is interesting about these questions, there really is no such thing as an illegal question. At least not Federally, though State Law Can vary.
Someone once challenged the “illegal” question myth, stating that there was NO Where in the EEO or DOL that one would find illegal questions, and yes they were correct..
So, I decided to Call the Office of the Civil Rights Division to get the Real Skinny on this one. What WAS the REAL Down Low about this. Can Companies ask “illegal questions” and in fact was there really such a thing as an “illegal question”
As they so Eloquently put it – “America is a free country and Employers are Free to ask what ever they want to a candidate..
BUT Wait.. don’t get too excited Yet.. You see, it isn’t the Asking that creates the legal problem, but actually it is the WHY Are You asking this question? and WHAT are You planning to do with the information? that creates future problems..
That is when an investigation can occur to check your selection versus hiring process to determine if you as a company is discriminating.
Those questions above, are indeed questions one should avoid, because they could indeed come back to bite a company should they refuse to hire a qualified candidate, and that said candidate get’s in a tizzy and decides to complain to one of the Alphabet Agencies that deal with that particular issue..
Karen M
About The Author
I'm a graphic designer and sometimes writer living in Anderson, South Carolina. I serve as the Design Director for NewSpring Church. I love Jesus, my wife, Levi's Jeans, good Tex-Mex, and 8oz glass bottle Coca-Cola Classic. On good days I love them roughly in that order. Email me.
Illegal Interview Questions
Thu 10/25/07
10 interview questions it is illegal to ask. I’m pretty sure I’ve been asked at least 4 of these in the last month. Especially #5. Geez, dudes, get out of my social life.