Unlawful Questions During a Job Interview
There are many different ways employers can discriminate against job applicants in South Florida, and if you are applying for new jobs, it is important to know what you should look for during the application process. Often, discriminatory actions are subtle. While an employer certainly can violate state or federal law by overtly making statements about not wanting to hire anyone who plans to become pregnant, or employees of a particular race or religion, unlawful discrimination is not always so obvious. Rather, unlawful discrimination in the hiring process often takes the form of employers asking seemingly neutral questions that are actually designed to elicit information about the job applicant that can ultimately be used for discriminatory purposes.
What kinds of questions should you be on the lookout for when you meet with a new potential employer for an interview? Consider some of the following questions, along with our explanations of why they are unlawful.
When Were You Born?
Any questions that are used to determine your age — and whether the employer thinks you may be “too old” for the job — are unlawful. You have protections against age discrimination beginning at age 40 under the Florida Civil Rights Act (FCRA) and under the federal Age Discrimination in Employment Act (ADEA).
Do You Attend Church or Observe Religious Holidays?
Religious discrimination is unlawful under Title VII of the Civil Rights Act of 1964 and under the FCRA. An employer cannot ask questions to avoid hiring employees of a particular religion, or in hopes of determining whether you will require religious accommodations (in order to avoid hiring you).
Are You and Your Spouse Considering Starting a Family in the Future?
Pregnancy discrimination is unlawful, and it includes discrimination against job applicants who are pregnant, who plan to become pregnant, and more.
Do See a Physician for Any Chronic Issues?
An employer cannot discriminate against a job applicant for any health condition that may be considered a disability under the ADA or the FCRA, or medical information that may be protected under the federal Genetic Information Nondiscrimination Act of 2008 (GINA).
Do You See a Psychologist or Psychiatrist?
Disabilities can be “invisible” and you cannot be discriminated against because of a mental health condition or any other invisible disability.
What Country Do Your Parents or Grandparents Come From?
Discrimination on the basis of ethnicity and national origin are unlawful under Title VII of the Civil Rights Act of 1964, as well as under the FCRA. If you are asked any questions that are ultimately seeking information about your national origin (or your family’s), or your ethnicity, it is important to seek legal advice.
Contact a Palm Beach Gardens Employment Discrimination Lawyer
If you recently applied for a job and were denied employment after being asked unlawful questions during a job interview, it is important to seek legal advice. It does not matter if the interview occurred in person, over a video conferencing platform, or over the phone — employment discrimination is unlawful in any of these contexts. Do not hesitate to get in touch with an experienced Palm Beach Gardens employment discrimination attorney at Sconzo Law Office to discuss your case. You may be able to file an employment discrimination claim under state or federal law.
Sources:
justice.gov/crt/laws-we-enforce
eeoc.gov/statutes/age-discrimination-employment-act-1967
archive.ada.gov/ada_title_I.htm
eeoc.gov/statutes/genetic-information-nondiscrimination-act-2008
leg.state.fl.us/Statutes/index.cfm/Ch0517/index.cfm?App_mode=Display_Statute&URL=0700-0799/0760/0760ContentsIndex.html