Did you know these questions were illegal?
By newfette
@newfette (338)
Canada
February 12, 2008 6:04am CST
Many people don't realize this, but there are questions that are illegal to be asked during a job interview. Here are the top ten questions that are illegal to be asked:
#1 Where were you born?
#2 What is your native language?
#3 Are you married?
#4 Do you have children?
#5 Do you plan to get pregnant?
#6 How old are you?
#7 Do you observe Yom Kippur?
#8 Do you have a disability or chronic illness?
#9 Are you in the National Guard?
#10 Do you smoke or drink alchohol?
Have you ever been asked any of these questions during an interview? If you were asked would you say anything?
10 people like this
38 responses
@babykeka80 (2084)
• United States
12 Feb 08
Yes these questions are illegal. However, if you have an experienced interviewer or someone who has any kind of psychology background they can get the answers out of you without asking the question or anything close. Instead of asking if your married they will start conversation about your spouse or such. There are always sneaky little ways for them to get the answers they want.
5 people like this
@newfette (338)
• Canada
12 Feb 08
some of them are SO sneaky!!! Why can't they just hire the best person for the job? Instead they try to hire the person who won't complain about not spending time with family, or maybe won't request vacations, who won't mind working weekends or evenings. Someone who either does believe in God, or who doesn't, depending on what they prefer. It's ridiculous!
2 people like this
@nancyrowina (3850)
•
12 Feb 08
I've been asked some of these questions but I don't know if they are illegal in this country (I'm from the UK). Though obviously if you could prove you were turned down for a job for any of these reasons it would be discrimination, but how would you prove it? Unless you had a tape of the discussion where they said they didn't want to employ you for any of those reasons you couldn't.
I was once turned down for a job at McDonalds and I later found out it was because of the badges I was wearing (you call them "buttons" in America), it made the person interviewing me think I was some kind of subversive hippy.
2 people like this
@newfette (338)
• Canada
12 Feb 08
That's exactly the point!
They ask these questions because as humans we want to communicate, and would say, oh yes i have a baby girl, or, me and my fiance were talking about having kids down the road...blah blah blah...even when they ask you what hobbies you have...They want to do know what you do with your free time, so they can judge if you won't work evenings, or won't work weekends so you can play baseball, or go to dance class. ETc etc.
it's ridiculous! and you can't exactly tell them, you can't ask me that. cause then you won't get the job for sure! so you're damned if you do answer it and damned if you don't!
1 person likes this
@kimbers867 (2539)
• United States
12 Feb 08
Yes, I knew most of these questions were illegal. If you refuse to answer them do you think that is going to help your chances on getting the job? I'm sure most HR people with Fortune 500 companies will not ask these questions, it's the little companies that probably do it all the time.
I would probably answer some of them.
@newfette (338)
• Canada
12 Feb 08
I have been asked these questions on almost every interview I've ever been on. And I have worked for some large companies with HR departments.
I find especially because I am a women in my 20's. They ask me, am I married, am I engaged, do I have children yet, do I want them? But in such a way that they make it sound as if they are really interested in knowing. In my last job before I had my baby girl, I was pregnant at the interview, only 2 months. And he asked me if I had plans to have children. I thought, wow buddy you got guts to ask me that. So I lied to him. He had no right to ask me that. And so I waited for a month or so, and then told him I was pregnant. He's not stupid so I guess he did the math when she was born in March that I was pregnant during the interview. How do you like that! haha And he couldn't fire me after finding out, cause he knew I would have gone to the labour board! STICK IT TO THE MAN! LOL
1 person likes this
@loudhummer14 (535)
• Philippines
12 Feb 08
wow! im completely blown away. i didn't know about these things. some of the questions listed above has been asked to me already from previous job interviews. well i guess even if i know these things already, i bet i wouldn't have the courage to decline to answer the question.
2 people like this
@newfette (338)
• Canada
12 Feb 08
how can you really answer a question like that? or how do you not answer it?
i guess if you were just, oh i don't know, oh maybe, oh i'm not sure. oh probably not. vague. perhaps you can skate through the interview okay. but is it worth working for a company who would ask those questions in the first place?
1 person likes this
@JAYMAR777 (840)
• Philippines
13 Feb 08
yes i agree with you. especially on the question on how old are you? i used to have a teacher in high school who said asking how old are you is like asking how much is your salary. it's unethical. don't you think?
@Celanith (2327)
• United States
13 Feb 08
Yes I knew they were and you have to be alert to the subtle ways they try and get it out of you even though it is illegal. It is also illegal to ask about your credit rating and this is a new one that is now on application forms. Your credit rating has nothing to do with your ability to work and if your in debt or not. In fact duh if you have bad credit it is probably cause you were out of work and didn't have enough to pay bills and eat and housing expenses too. This is an unfair question and totally illegal and more and more employers are putting it on applications. My son is an attorney and they have no right to ask it and you don't have to answer it.
2 people like this
@aseretdd (13730)
• Philippines
13 Feb 08
I have been asked these questions... except for # 7 and # 9... but i never thought they were illegal to be asked... i thought they were SOP during interview... i hope you can enlighten me on why these questions are illegal to be asked during job interview... i don't see anything wrong with them...
2 people like this
@momoftwingirls (859)
• United States
13 Feb 08
I did not know this and I have never been asked this during an interview process either. These must be new PC questions that are a No No.
2 people like this
@Adoniah (7513)
• United States
13 Feb 08
The only one I did not know was the one about Yom Kippur. That seems odd, since once they are employed, if they are an observant Jew they are going to be asking for Yom Kippur off, and by law they have to give it to them.
On all the applications I have ever filled out they have asked for my bithdate. In the interview they always got around to asking if I was married and if I had kids. If I really wanted the job of course I did and said what they asked. That is why I stopped working for other people and started my own business.
Now they also ask the smoking thing because it is leagal to not hire someone if they smoke in some states. And some businesses have gotten away with firing people for continuing to smoke after they changed the smoking policy at the business.
Shalom~Salaam~Peace
2 people like this
@missmoneylove (105)
• United States
13 Feb 08
Oh MY! I had no idea those questions are illegal on a job interview! How did you find this out? Does it state it somewhere? That's very interesting!
I might say something if asked..now that I know, if I thought it was something they were concerned with.
2 people like this
@lady0fdarkness (73)
• United States
13 Feb 08
Wow, I did not know that! As I could recall, I've been asked a few of these questions before. I think it was a telemarketing position and I was young and was right out of high school, so I wasn't aware that these kinds of questions are illegal. Now I wil keep these questions in mind if or when I get a job interview. And now I know that I can refuse to answer them. Thank you!
@miller1978 (1101)
• United States
13 Feb 08
I did know that most of these are illegal through personal experience, however I have also had employers who denied me employment because of two reasons. One was because I wasn't married and they told me they only had positions open for married people and the other was actually a job I was calling about for my boyfriend and the man said that the job wasn't for a woman.
Now I know that those are illegal and I could have sued them for discrimination but we already know the US is supposedly sue happy. Plus I don't want that on my record for if and when I ever do go back to a "real" job instead of working from home.
2 people like this
@bongkarpasang (1377)
• Indonesia
13 Feb 08
for #2, really? I don't know that a question about our native language is illegal.
I have ever been asked #1 (to which I answered honestly) and #8 (well, I never thought chronic illness question is illegal to ask). well, I have never known about this. thank you for sharing!
2 people like this
@lifeis2good (1183)
• United States
4 Mar 08
Yes I have been asked a few of these questions and when asked - I just responded that they didn't relate in any way to the position at hand!! And you guys are right - it's always by the small companies - and you can usually tell that they apparently don't know what's ok to ask and what's not!!!
1 person likes this
@lifeis2good (1183)
• United States
12 Mar 08
Yes I bet there are lots of those who don't either know they can't ask things like that - or like you said get nervous and then just answer them anyway!! I myself always have found that in any situation when asked an inappropriate question - tell them that basically it's really none of your business - but in a nice way so they get it!!!
@subha12 (18441)
• India
13 Feb 08
Frankly speaking i did not had the idea that these questions are illegal to ask. I have not been asked these questions in oral interview. may be in some job application form, they ask questions like
8 Do you have a disability or chronic illness?
@dlkuku (1935)
• United States
12 Feb 08
I used to be a manager so I already knew those were illegal. After we moved here, I went on an interview and I was asked some of these questions and then he went on to ask me about where my husband worked and all kinds of personal stuff.
At the end of the interview, he said he would let me know and I said, don't bother, since you asked me questions that by law are illegal I don't want to work for you.
When I was a manager, we had a set form of questions to ask, none of them included anything 'sneaky' but I found most people would end up volunteering info that I didn't need to know.
1 person likes this
@newfette (338)
• Canada
12 Feb 08
Good for you for standing up and telling them what you thought! If only more of us could do that.
When I was younger I would answer the questions even if I didn't want to, and wouldn't do anything if I felt I was discrimminated against. But now, I would. If I were at an interview and was asked one of those questions now, I would tell them that was illegal to ask me. And that I was now going ot leave and report them to the labour board. I would rather not work at a place that didn't even do legal interviews. What else would be done illegally? not pay you for your overtime? not pay you your vacation pay?
@SilentRose19 (1733)
• United States
12 Feb 08
I have been asked these questions during an interview and I've said something every time. I think that when an employer askes questions of this nature they're either being completely innocent, or they are just being nosy. I don't think that it is fair or right for an employer to pry into your personal life, so when they ask these questions I say " I prefer to to answer personal questions, when you are not even supposed to ask me them".
1 person likes this
@newfette (338)
• Canada
15 Feb 08
that's awesome that you stand up for yourself. And it's not just a matter of being nosy...there are reasons as to why each is illegal. For example:
Being asked if you plan on getting pregnant, or have kids, or want kids, some employers would discrimminate against you and decide, well they'll probably call in sick on snow days from school, and they will be distracted and won't want to work overtime...Some interviewers may not even realize what they are doing and it could very well be innocent though you're right! But they should be aware of this and check in with the labour board and find out what are good and acceptable questions to ask during a job interview.
thanks so much for your response!
@honeylore23 (1081)
• United States
12 Feb 08
I am one of those person whom you said didn't realize it is illegal to asked those questions. In fact I thought some of those questions listed are essential questions to be asked by an employer.Funny, but really true.
If I would be asked those questions I would surely answer unless I don't want to be hired. We have no choice as applicant but answer those questions they want to know from us because they hold the alas.
@Lindalinda (4111)
• Canada
12 Feb 08
Honey, I notice you live in the Philippines. You should check the rules in your country.
1 person likes this
@princysherly (28)
• India
13 Feb 08
oh!my god seriously i never knew this...even i agree its all stupidity .. may be they wanna interfere in our personal matters.. anyways wat i think is they cud jus ask qns which are relevant to the field for which we attend the interview.... tht wud probably help them to understand deep abt our knowledge...
1 person likes this