Job hunting in Massachusetts is hard, and landing an interview with a prospective employer can be even harder. While it can be worth it to try and get ahead financially or find a job you enjoy, the interview process is filled with the unknown.
While it might seem like employers have all the power, did you know U.S. employers are forbidden by law from asking you certain questions during the interview?
The Equal Employment Opportunity Commission (EEOC) laid out the rules for what you can and can’t be asked — and it all comes down to potential discrimination. Here are 13 illegal job interview questions.
1. How old are you?
Age discrimination can be cut both ways. Younger job seekers may get passed over for more experienced workers, and older workers may be passed over because younger candidates typically cost less.
If you’re 40 or older, you’re shielded from being asked how old you are by the Age Discrimination in Employment Act. It’s illegal for an employer to ask your age, when you were born, your birthday, or when you graduated high school since it can show your age.
The exception is if an employee needs to meet legal requirements, like working in a bar, or if an applicant is under 18.
2. Have you been arrested?
The legality varies by state, but interviewers shouldn’t ask applicants if they’ve ever been arrested. The EEOC explicitly says an employer can’t refuse to hire someone simply because they’ve been arrested because an arrest is not proof that a crime was committed.
If an employer asks if a candidate has been convicted of a crime, that applicant should be ready to explain any criminal history.
3. What is your citizenship and national origin?
On the one hand, employers can find themselves in hot water if they hire someone who isn’t legally allowed to work in the U.S. However, they have to ask the question directly: “Are you authorized to work in the U.S.?”
It is illegal to ask an applicant if they are citizens, where they were born, or where their parents were born.
Employers are also forbidden from asking if English is an applicant’s first language, but they can ask if a candidate can read, write, and speak in English.
4. Do you have a disability?
Employers aren’t allowed to ask if an applicant has a disability or request a medical exam until after there’s a job offer.
They can ask if an applicant can do the job with or without reasonable accommodation — like providing a wheelchair ramp.
5. What is your family and marital status?
It’s illegal for employers to ask a candidate if they’re married, single, have children, plan to have children, are pregnant, or the employment status of a spouse.
Those questions have been used to discriminate against women specifically. It’s only legal to ask if an applicant can perform the duties required for the job.
6. How is your financial situation?
Employers can ask about your financial situation but can’t discriminate based on that information. That includes questions about debt, credit, whether you rent or own property, or whether you have a car (unless it’s a job requirement).
Furthermore, employers are required by the Federal Trade Commission to get written permission before running a background check.
7. What gender identity, sex, and orientation do you identify with?
An interviewer cannot ask about a candidate’s gender identity, sex, or orientation.
Discrimination against any employee based on gender identity, sex, or orientation violates Title VII, though only for companies with 15 or more employees.
8. What is your genetic information?
Employers are not allowed to ask about an applicant’s genetic information, including questions about an individual’s genetic tests, information about a family member’s genetic test, or family medical history.
Employers are also required to tell their own healthcare providers not to collect that information as part of any exams required for employment.
9. What is your height and weight?
Employers are forbidden from asking about an applicant’s height or weight because those questions “tend to disproportionately limit the employment opportunities of some protected groups,” according to the EEOC.
Those requirements can be related to the job if an employer can prove it.
10. Have you been discharged from the military?
Employers are allowed to ask what branch of the military an individual served in and how an applicant’s experience could help them perform the job they’re applying for, but they can’t ask a candidate about their discharge status or military records.
There are a host of federal and state regulations designed to protect veterans’ rights.
11. What was your previous salary?
No federal laws prevent an employer from asking about a candidate’s previous salary. State laws do prevent it, though. In California, employers can’t ask.
New York State has enacted a salary history ban. And some cities, such as Toledo, Ohio, have passed ordinances blocking the question.
12. What is your race?
Title VII prohibits any kind of race or color discrimination in hiring, promotions, firing, and other employment situations.
Employers should not ask about an applicant’s race, color, or ethnic background unless there is a business-related need for that information.
13. What religion do you practice?
The EEOC describes questions about an individual’s religious affiliation or beliefs as generally not job-related and “problematic under federal law.” Interviewers should never ask you what religion you practice or your beliefs.
Religious corporations, associations, educational institutions, and societies are exempt from this and can choose not to hire someone because of their religion.
Bottom line
If a Massachusetts employer decides to ask any of the above questions during an interview, it could lead to charges of discrimination and an investigation by the EEOC and the Massachusetts Commission Against Discrimination. If the issue can’t be resolved, contact the Law Offices of Renee Lazar at 978-844-4095 to schedule a FREE confidential consultation.