Illegal Questions Florida Employers Sometimes Ask During Interviews
It is exciting when you have been called to do an interview for a position that you are so eager to be offered, and you will be very diligent about preparing for the meeting. You can expect a whole range of questions about your skills and qualifications, and perhaps some basics about your personal life that help the interviewer learn about your interests. However, some questions employers ask are illegal because of the potential for discrimination. Title VII of the Civil Rights Act prohibits employment discrimination and provides employees with legal remedies when it occurs.
Contrary to popular misconception, anti-discrimination statutes also apply when you are not yet an employee. Abuses can affect your interests during recruitment and hiring, so you are protected from discrimination while doing a job interview. Because it can be difficult to understand whether a question is lawful, it is important to consult with a West Palm Beach employment attorney about your concerns. Plus, you can review some of the common questions employers ask illegally.
What year did you graduate from high school? This is a question that might be slipped in to find out how old you are, a possible situation of age discrimination. Keep in mind that the Age Discrimination in Employment Act only prohibits discrimination against employees who are 40 years or older.
Do you have plans to get married or start a family? An interviewer might be trying to figure out how your potential pregnancy might affect your ability to do your job. Pregnancy discrimination laws also prohibit treating a person differently because of:
- A current or past pregnancy;
- Any plans to have a child in the future;
- A medical condition that is related to pregnancy, including nursing;
- Obtaining an abortion; and,
- Receiving birth control care.
Where were you born? Workplace discrimination laws make it unlawful to treat an employee differently because of national origin, ethnicity, race, and other protected characteristics. By inquiring about your place of birth, the company could use the information to make hiring decisions.
Do you have any serious health conditions? Disability discrimination is unlawful, so a potential employer cannot try to get such information from you as part of hiring decisions. The only reason your medical condition might come up is when you request reasonable accommodations to perform your job, if hired. However, you do not have to reveal details about a disability to make your request.
What holidays will you need off? This question could be an attempt to learn your religion, rituals, habits, and routines. A candidate for a position might be subjected to religious discrimination if the interviewer does not recommend hiring on these grounds.
Set Up a Free Consultation with a South Florida Workplace Discrimination Lawyer
These are just a few examples of the unlawful questions employers ask during a job interview, and there are many others that are not quite so obvious. For more information about pre-employment discrimination, please call Sconzo Law Office at 561-279-6114 or go online to schedule a complimentary case review.
Source:
eeoc.gov/statutes/title-vii-civil-rights-act-1964#:~:text=Title%20VII%20prohibits%20employment%20discrimination,Pay%20Act%20of%202009%20(Pub.
