Inappropriate Job Interview Questions

[Shoot Em Straight 385]

Frankly I don't see the discrimination, not until the OP is not hired due to the fact that she is a woman, she is not a US Citizen, she had a baby outside the wedlock, etc. The first set of questions is totally legitimate, asking whether she can legally work in the US and for how long, too (in fact, form I-9 serves that purpose). All other questions seem to me like a chit chat brought up by some answers of the OP (the pregnancy, where she lives, etc.) Also, what does it matter that the interviewer put vaseline on her lips (lips as in mouth, right?): is this unprofessional? I was on the east coast for a couple of days a few weeks ago and my lips got very dry. In sum, if you don't feel comfortable about a work interview, just walk out and move on.

I might agree with you up until

here

There was a gap in my employment history and I told her I was unable to work because I had complications with my pregnancy(this is back in my home country) and had to be on bed rest. The following questions were immediately asked:

1. So, you were married to your husband at that time? (My response was no)- BTW, I never told her I was married, she saw my ring.

2. So the baby is not for your husband?

That is not only unprofessional it is definitely not fodder for chit chat

OP learn from it and be strong...you were right to question this being inappropiate

[A and T 82]

Almost sounds as if they plan to sell your information or something. Some companies will do that, marketing, etc.

[Becky<3Jorim 1]

wow this is crazy!

i would not want that to happen to me...

[Rebecca Jo 1,962]

Actually there's nothing illegal about asking whether they're legal to work. They're SUPPOSED to ask that.

The OP also volunteered the information about the gap in history due to pregnancy so there's no violation there either.

The questions following the volunteering of the complicated pregnancy WERE unprofessional (some but not all. Like asking whether she's planning on remaining in the States is a valid qn 'cause they prefer to hire people that aren't planning to leave) and more like a little chat than an interview. I personally am ALWAYS asked questions like "What brought you to the States?" "Where did you meet your husband?" "How long have you been here?". They're harmless questions in my opinion.

Problem is if the OP has already been rejected for the job it will just look like she's making things up. I would complain BEFORE being hired or rejected so there's no question about it. It could be the norm to ask SOME questions about personal life (like I mentioned are asked of me) but several of the questions are nothing to do with it (living with his mother?? What does that have to do with anything?).

I realize this conversation is a week old. But I feel compelled to add that IT IS ILLEGAL to inquire if a person is legal to work until AFTER they have been selected for employment.

The procedure followed by MIBEN's office (explained six posts above this one) is the most legally correct method to follow when verifying legal status. Although there is a flaw in that procedure as well IF MIBEN's office is requiring a new hire to produce a driver's license and a SS card. An employer cannot require a new hire to produce specific documents to prove legal authorization to work.

http://www.uscis.gov/USCIS/About%20Us/Electronic%20Reading%20Room/Customer%20Service%20Reference%20Guide/Employment_Authorization.pdf

[Rebecca Jo 1,962]

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Edited March 10, 2012 by Rebecca Jo

[VanessaTony 3,567]

I realize this conversation is a week old. But I feel compelled to add that IT IS ILLEGAL to inquire if a person is legal to work until AFTER they have been selected for employment.

Well I stand corrected then. I don't agree with it though :S It's such a waste of the employers time to speak to someone who isn't legal to work. Not to mention unfair to the other people seeking work who are tossed aside in favour of someone who couldn't even legally do the job once hired. Bizarre. I suppose it would be discriminatory though if someone with an accent was asked that qn and people without accents aren't... so basically you'd hope someone who wasn't legal wouldn't waste your time but it happens!

Edited March 10, 2012 by Vanessa&Tony

[Mike B. 231]

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Edited March 10, 2012 by Mike B.

[Rebecca Jo 1,962]

Well I stand corrected then. I don't agree with it though :S It's such a waste of the employers time to speak to someone who isn't legal to work. Not to mention unfair to the other people seeking work who are tossed aside in favour of someone who couldn't even legally do the job once hired. Bizarre. I suppose it would be discriminatory though if someone with an accent was asked that qn and people without accents aren't... so basically you'd hope someone who wasn't legal wouldn't waste your time but it happens!

Suppose you as an employer selected someone who couldn't prove their legal status. Wouldn't you just then call your "second choice" candidate and tell them they've been hired?

No one loses when employers follow the law.

[Trompe le Monde 1,107]

That is exactly correct RJ.

It is illegal to ask - if you are interviewing someone from another country, it would be VERY unwise to even go near there as it could be grounds for a discrimination lawsuit on the basis of both their immigration status and national origin.

[Mike B. 231]

I actually think it's not illegal, at the federal level, to ask any question. It's illegal to make hiring decisions based on a number of criteria spelled out in various laws, particularly the Civil Rights Act of 1964. If you ask a question about one of the protected classes in that act, any court is going to assume that you asked in order to illegally base your hiring decision off of the answer, which makes it unwise in the extreme if not technically illegal to ask.

And of course it's not illegal to ask if someone is authorized to work in the United States. The Civil Rights Act prevents discrimination based on national origin, but that is a totally different thing from work authorization. Honestly, think through the worse-case scenario. You're an employer. You just bluntly ask a candidate for a job if he is authorized to work in the United States. He says "No, I am not." You then tell him you cannot hire him because to do so would be illegal. And then he goes to court to sue you into giving him the job in violation of federal law? Sorry, it doesn't work that way. Asking "are you a foreigner" could land you in hot water because it sounds like you are discriminating based on national origin. Asking "will you be able to even take this job if we offer it to you" is a horse of a totally different color.

[Trompe le Monde 1,107]

You also can not discriminate against someone based on their immigration status - if you were to ask someone if they were authorized to work in the United States and they said "yes, I hold a green card" and they then don't get the job they might argue they were discriminated against because they were not a citizen, or because they are an immigrant or whatever.

And no, it's technically not illegal to ask the question - the police won't arrest you if you ask these questions, but you put your company at significant risk for a discrimination lawsuit.

[Rebecca Jo 1,962]

I actually think it's not illegal, at the federal level, to ask any question. It's illegal to make hiring decisions based on a number of criteria spelled out in various laws, particularly the Civil Rights Act of 1964. If you ask a question about one of the protected classes in that act, any court is going to assume that you asked in order to illegally base your hiring decision off of the answer, which makes it unwise in the extreme if not technically illegal to ask.

And of course it's not illegal to ask if someone is authorized to work in the United States. The Civil Rights Act prevents discrimination based on national origin, but that is a totally different thing from work authorization. Honestly, think through the worse-case scenario. You're an employer. You just bluntly ask a candidate for a job if he is authorized to work in the United States. He says "No, I am not." You then tell him you cannot hire him because to do so would be illegal. And then he goes to court to sue you into giving him the job in violation of federal law? Sorry, it doesn't work that way. Asking "are you a foreigner" could land you in hot water because it sounds like you are discriminating based on national origin. Asking "will you be able to even take this job if we offer it to you" is a horse of a totally different color.

Sorry Mike but that's not correct. Please read the link I posted above.

You also can not discriminate against someone based on their immigration status - if you were to ask someone if they were authorized to work in the United States and they said "yes, I hold a green card" and they then don't get the job they might argue they were discriminated against because they were not a citizen, or because they are an immigrant or whatever.

And no, it's technically not illegal to ask the question - the police won't arrest you if you ask these questions, but you put your company at significant risk for a discrimination lawsuit.

I believe it is technically illegal as it is a violation of civil rights. Just because one isn't likely to be arrested doesn't negate an illegal act.

If one is asking EVERY applicant if they are authorized to work, there is no violation.

Edited March 11, 2012 by Rebecca Jo

[Mike B. 231]

Sorry Mike but that's not correct. Please read the link I posted above.

I believe it is technically illegal as it is a violation of civil rights. Just because one isn't likely to be arrested doesn't negate an illegal act.

I did read the link that you posted above. It does absolutely nothing to substantiate your argument. Why don't you tell me which federal law prohibits asking a prospective employee if he is legally allowed to take the job that he applied for? Just so you don't have to look it up, here's the text of the pertinent part of Title VII:

It shall be an unlawful employment practice for an employer -

(1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin; or

(2) to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s race, color, religion, sex, or national origin.

[Rebecca Jo 1,962]

I did read the link that you posted above. It does absolutely nothing to substantiate your argument. Why don't you tell me which federal law prohibits asking a prospective employee if he is legally allowed to take the job that he applied for? Just so you don't have to look it up, here's the text of the pertinent part of Title VII:

It shall be an unlawful employment practice for an employer -

(1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin; or

(2) to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s race, color, religion, sex, or national origin.

Mike, the link I put up tells the employer WHEN to ask.

More information on the EEOC:

http://www.eeoc.gov/laws/types/nationalorigin.cfm

Edited March 11, 2012 by Rebecca Jo

[Mike B. 231]

Also, not that I have any dog in this fight, but I looked it up with the EEOC and confirmed what I said above: it is not illegal per se to ask any question at the interview, it is merely inadvisable because a court could easily construe the mere fact that the question was asked as evidence that hiring decisions themselves are based upon prohibited categories. As per the EEOC:

Although state and federal equal opportunity laws do not clearly forbid employers from making pre-employment inquiries that relate to, or disproportionately screen out members based on race, color, sex, national origin, religion, or age, such inquiries may be used as evidence of an employer's intent to discriminate unless the questions asked can be justified by some business purpose.

Again, I'm not disagreeing that it is supremely stupid to be asking these questions, I'm just disagreeing that they are illegal on their face.