In the American business culture, there are some topics that are taboo that other countries find acceptable. These discrepancies include nationality, family status and age. In America, it’s illegal for anyone to ask specific questions about this information. In other countries, they are allowed to ask this information. Do you know what can be asked of you in an interview? Here’s a breakdown of the questions that are illegal, and how the employer can ask the questions in another way. In the United States, it’s illegal for a prospective employer to disqualify an applicant based on their nationality, gender, religion, sexual orientation and age.
- “Are you a U.S. citizen?” The employers are not suppose to ask this question because it gives away an applicant’s nationality. They can ask, “Are you authorized to work in the USA for any employer?”
- “What is your native language?” This question allows the employer to identify your nationality based on your native tongue. What they can ask you is if you speak multiple languages and how fluently.
- “What religion do you practice?” In the United States, we are allowed to practice any religion, or no religion at all, however it is illegal to discriminate against a candidate who practices a different religion other than the interviewer. What they can ask you is your availability to work specific days or times.
- “How old are you?” This question allows the interviewer to determine your age, which is illegal to do in the United States because of age discrimination. An interviewer can ask you if you are older than 18.
- “How do you feel about supervising men/women?” This question may appear to be valid, however, if the interviewer asks this question, it may seem inappropriate to the person who is supervising the employees if they have no qualms about managing diverse work teams. Instead, they can ask you about your experience managing teams.
- “Do you smoke or drink?” While it’s important to show up to work sober, and not to take too many smoke breaks if you are a smoker, this question is illegal. It’s too personal and may influence the interviewer to make a decision about you that has nothing to do with the job. They can ask if you have had violations regarding a previous employers tobacco and alcohol policy.
- “Do you take drugs?” Here is another question that employers truthfully want to know, however this question implies all drugs, including prescription drugs. This is a privacy violation and this information is protected by medical laws (HIPPA), however, they can ask you if you take illegal drugs and may submit you to a drug screen.
- “How many sick days did you take last year?” Sick days are there to be used when needed, however an employer is going to look to hire someone who shows up for the job each day they are available. With this question, they really want to know if you have had any attendance infractions, which is perfectly legal for them to ask you.
- “Do you have any disabilities?” Discriminating against a prospective employee based on having either physical or mental disabilities is illegal in the USA. They can ask if you are able to perform the duties that are essential to the job.
- “Are you a member of the National Guard or Reserve?” Employers want employees who will be able to work a proper work week. And although taking a leave for the military may interrupt the work environment, we value our nations security as a top priority. An interviewer can ask if you have any time off that you are aware of in advance, should the offer be extended to you.
