8 Things Employers Aren't Allowed to Ask You

[Ban Hammer 13,415]

The rough economy has made many people desperate for a job. In their eagerness for gainful employment, many people may overlook improper interview questions. Depending on how they are asked, questions about personal topics such as marital status, race and health are more than just poor manners - they are illegal under federal and some state and local laws. These types of questions can be used to discriminate against applicants, and it is your right not to answer them. Here are eight questions your employer cannot ask you.

1. How old are you?

The Age Discrimination in Employment Act of 1967 (ADEA), protects individuals who are 40 or older from being discriminated against in the workplace in favor of younger employees. There is no federal protection in place to protect workers younger than 40 from age discrimination. To determine if you are legally eligible to perform a job, employers are allowed to ask if you are over the age of 18.

2. Are you married?

Questions about marital status are prohibited. Employers might be tempted to ask this question to find out if your relationship could have a negative impact on your work. For example, if you are married you might be more likely to leave the company if your spouse gets a job transferred to a different city. Even a question as seemingly innocent as "Do you wish to be addressed as Mrs., Miss, or Ms.?" is not allowed.

3. Are you a U.S. citizen?

Citizenship and immigration status cannot be used against a potential employee during the hiring process according to The Immigration Reform and Control Act of 1986 (IRCA). Employers must wait until after a job offer had been extended to require a worker to complete the Employment Eligibility Verification (I-9) Form and submit documentation that proves identity and employment authorization. It is lawful for an employer to ask an interviewee if they are authorized to work in the US.

4. Do you have any disabilities?

This question might seem necessary to determine if a job applicant can perform the required duties, but it is illegal to ask under the Americans with Disabilities Act of 1990. Employers cannot discount anyone from a job because of a physical or mental disability. In fact, the law requires that they accommodate disabilities unless they can prove it would cause significant difficulty or expense to do so. Employers also cannot ask you if you have had any past illnesses or operations.

5. Do you take drugs, smoke or drink?

Concerns about drug, alcohol or nicotine addictions are valid as they can impact an employee's quality of work and the rates of a company's health insurance coverage. However, an employer might find themselves in legal trouble if they don't frame questions about these potential problems in a careful manner. They are allowed to ask if you have ever been disciplined for violating company policies about the use of alcohol and tobacco products. They can also ask directly if you use illegal drugs, but an employer can't inquire about your use of prescription medications.

6. What religion do you practice?

Inquires about religious beliefs are a sensitive issue. An interviewer might be curious for scheduling reasons such as holidays that an employee might need off, or if the candidate will be unavailable to work on weekends because of religious obligations. It is illegal to intentionally discriminate against an employee or harass them based on their religious beliefs. Employers are required to accommodate an employee's religious beliefs or practices in regards to things such as dress and grooming policy and flexible scheduling.

7. What is your race?

There is no situation in which questions about an employee's race or skin color should be use to determine their eligibility for a job. This protection is granted under Title VII of the Civil Rights Act of 1964 that prohibits employment discrimination on the basis of race, color, religion, sex or national origin. Employers are permitted to ask an employee to reveal their race on a voluntary basis for affirmative action purposes.

8. Are you pregnant?

Questions about family status tend to affect women the most, but they can also pertain to men in certain situations. Employers might have concerns about an employee taking time off work for pregnancy leave or not having child care arrangements during work hours. The Pregnancy Discrimination Act states that an employer cannot refuse to hire a pregnant woman because of her pregnancy, because of a pregnancy-related condition, or because of the prejudices of co-workers, clients or customers.

It is, however, lawful for employers to ease their nerves about an employee's availability or commitment to a position by asking about long-term career goals or the ability for an employee to work overtime and travel.

The Bottom Line

It is important to know your rights as an employee. Unlawful questions are not acceptable on applications, during the interview process or in the workplace. Although improper questions by employers might be simple mistakes, they could also be intentional cases of discrimination that should be reported.

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Back in 2004, I interviewed for a firm that has since been acquired by one of the major IT outsourcing providers. The interviewer looked at me weird and asks me, "were you born in new jersey?". And then proceeds to answer it herself, "stupid me, do you look like it?" and then carried on with the questioning. I never responded and she didn't seem to really care anyway.

[Rebecca Jo 1,962]

Immigrants built America, and most of today's U.S. workers are descendants of immigrants.

But too often, immigrant workers are subjected to workplace problems ranging from discrimination against documented immigrants to gross exploitation of undocumented workers. According to the federal Department of Homeland Security, about 1.1 million people immigrate to the United States every year, and more than one-quarter of new entrants into today's workforce are foreign-born.

The Immigration Reform and Control Act of 1986 prohibits employment discrimination based on national origin or citizenship status. At the same time, IRCA requires employers to verify that all employees, U.S. citizens or not, are authorized to work in the United States. The employer may require proof of identity, such as a driver's license or state-issued I.D. card, and work authorization, such as a Social Security card or U.S. birth certificate. Some documents prove both identity and work authorization, such as a U.S. passport, a certificate of naturalization, a permanent resident alien card or an Immigration and Naturalization Service work permit. But employers cannot specify which documents they will accept, or require more documents if those presented appear to be genuine.

An employer cannot legally refuse to hire a documented worker, citizen or noncitizen, just because he or she has a foreign name, speaks with an accent or was born in another country. You do not have to be a citizen to work in the United States. However an employer is permitted to hire a citizen over a noncitizen if both are equally qualified, or if citizenship is required for a particular job under federal, state or local law, or by government contract.

Examples of employer discrimination that violates IRCA include:

* Refusing to hire someone authorized to work, or firing an employee, because he or she was born in a foreign country, appears to be foreign or has a foreign name or accent;

* Requiring only those who appear or sound foreign or are of a particular national origin to produce identity and authorization documents;

* Asking newly hired workers to produce more documents than the law requires.

If you believe you have been discriminated against because of your national origin, there are two places where you may file a complaint. You may contact the Office of the Special Counsel -the enforcement agency for employers with four to 14 employees-toll-free at 1-800-255-7688. If you work for a larger firm, you may file a complaint with the nearest office of the Equal Opportunity Employment Commission or you may call 1-800-669-4000. The Office of Special Counsel also investigates complaints of discrimination based upon your citizenship or immigration status and complaints of over-documentation in the employment eligibility verification (Form I-9) process regardless of how many workers are employed.

Complaints filed with the Office of the Special Counsel must be filed within 180 days of the alleged discrimination and should include the employer's name, address and telephone number, the nature of the discrimination, and the date or dates it occurred. Complaints filed with the Equal Opportunity Employment Commission must be filed within 180 days or 300 days of the alleged discrimination, depending on the state in which the discrimination occurred.

http://www.aflcio.org/issues/jobseconomy/workersrights/rightsatwork_e/disc_immigrants.cfm

Edited September 11, 2010 by JohnnyQuest