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25 May Illegal Interview Questions: What They Are And What To Do About ThemPosted at 04:00h in Employment Lawyer
These are probably not questions you want to be asked by someone you barely know, let alone by someone determining your future employment. These prying inquiries may be a faux-pas in polite conversation but they are an absolute no-go in the context of a job interview. Illegal Interview QuestionsSometimes, versions of these questions may come up casually and innocently in the context of a job interview as employers want to make sure that you will also be a good fit for the company. However, Canadian human rights law prohibits interviewers to ask questions concerning:
With very limited exceptions, it is forbidden to ask questions about any of these topics at any point in the hiring process. Questions should only seek information relevant to the candidate’s ability to perform the job for which they are applying. How To Deal With Illegal Questions During An InterviewIn interviews, passing references to some of these topics may come up – “sorry to delay, my kid is sick and was on the phone, you got kids?” It is also regrettably possible that an interviewer may make glaringly inappropriate inquiries – “We’re looking for someone committed, do you plan on having children in the future?” It is up to you to decide in that moment how you want to deal with the situation. Depending on the circumstances, you might not want to stop the interview in its tracks and instead decide to deflect or even directly answer the question. Some options when confronted with this situation are:
The trouble with certain inappropriate questions is that, even if they were asked in passing and without mal-intent, they leave open the question of what role your answers to them played in the hiring process. Kartuzova v HMA Pharmacy Ltd.According to the Ontario Human Rights Tribunal (OHRT), simply asking improper questions is enough to prove discrimination. Such was the case with Kartuzova v HMA Pharmacy Ltd. In this case, Kartuzova applied for a position as a pharmacy technician and was denied the job after an interview ended suddenly following questions about her family and marital status, financial situation, and how she came to Canada. Kartuzova said she had felt obligated to answer these questions and that the tone of what had otherwise been a very positive interview changed abruptly following her answers. The OHRT ruled that the questions Kartuzova had been asked were in violation of the Human Rights Code and ordered the pharmacy to pay her $4,000 for loss of dignity and $496.13 for lost wages. Employment Law ExpertsIf you have been asked inappropriate or discriminatory questions during an interview that you felt affected your employment offer, KCY at LAW can help you to register a claim with the OHRT to seek compensation for your lost opportunity. Call us at 905-639-0999 or click here to book your consultation. During a job interview, you’re going to be asked all sorts of questions that are meant to help employers pick people who have the skills and experience that are needed for the job. Every now and then, an illegal or two will slip out. Most of the time, these questions aren’t intentionally mean-spirited. Sometimes people just ask questions without even realizing that they’re illegal. It’s important to know which interview question are legally allowed to be asked, and which are illegal. As a heads up, the following is practical advice for how to navigate the questions at the moment they’re asked. We are not lawyers and nothing that follows is legal advice. What to Do if You’re Asked an Illegal QuestionSometimes interviewers ask an inappropriate question without even realizing it — they can be just as oblivious as we are. In that case, you can respond to them politely, but only acknowledge the intent of the question in your answer. You can always end the interview or refuse to answer the question. It might be uncomfortable, but it’s better than working for a company whose policies you don’t agree with. Being asked illegal questions might even show you that you don’t want to work for the company, in that case — they’ve done you a favor by showing you their true colors. It’s always good to know where the law stands and how to answer awkward or illegal questions appropriately . Interview Questions That are IllegalFederal and state laws prevent employers from asking questions that aren’t related to the job they’re hiring for. Unless these questions have anything to do with the job requirements, they shouldn’t be mentioned during an interview. Illegal interview questions concern:
To not hire someone because of any of these factors would be discriminatory. Unfortunately, some of these questions are pretty common as conversation starters. Before you get to the interview, it’s good to know what to do if you happen to hear one. What Questions Are Illegal and Why Do They Ask?
The Americans With Disabilities Act prevents employers from discriminating against people with disabilities who are qualified for a position. Employers can’t ask your height, weight, or any details regarding physical or mental illnesses or limitations, unless they directly relate to your ability to perform the job. If you choose to reply, you can say,
Examples of Illegal Questions and Their Legal Counterparts
Final ThoughtsAgain, this technically isn’t legal advice and we’re not lawyers. However, if you choose to take legal action after being asked illegal questions you should seek advice from an actual lawyer. If you feel that you’ve been intentionally discriminated against by an employer based on your gender, family status, race, religion, etc., you have the option of filing a charge of discrimination with the U.S. Equal Employment Opportunity Commission (EEOC). Contact a lawyer who handles labor issues or contact your local EEOC office to pursue filing a claim. Never miss an opportunity that’s right for you. Which is illegal for an interviewer to ask during an interview?According to employment law, illegal interview questions include any questions that don't directly relate to your open roles. This means questions covering such topics as age, family, gender, marriage, nationality and religion are illegal questions to ask in an interview.
Which of the following is an illegal question to ask during an interview quizlet?Questions that pertain to age, race, sex, marital status, and religious preference are all illegal questions to ask in an interview.
Which of the following questions are not allowed during a job interview quizlet?Illegal Questions → Questions that cannot be asked during an interview include asking about your age, marital status, sexual orientation, or religion.
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