5 Job Interview Questions HR Is Legally Prohibited From Asking — Here’s What to Do If They Come Up

• Unlawful interview questions might still get asked due to deliberate prejudice or inadequate training.
• Queries regarding one's age, marital status, and religious beliefs should not be brought up during job interviews.
• Applicants should shift the attention to their credentials and report any continuous unlawful questions.

This essay, presented as a dictated piece, is derived from an interview with Leigh Henderson, who at 43 years old serves as the CEO. HRManifesto In San Antonio. It has been shortened and clarified.

In the U.S., numerous queries arise for employers. cannot legally ask During a job interview, this might not be evident, yet that isn't always the case.

As an individual with experience working in Human Resources for almost two decades now And currently managing HRManifesto, a community on TikTok, I’ve witnessed this occur. In my opinion, it’s likely that everyone who has gone through a job interview has encountered an unlawful question at some point.

This issue typically arises from insufficient training for the interviewers. Conversely, certain interviewers might deliberately pose such queries to secure their preferred candidate. Regardless of the reason, these types of questions are unlawful and should not be part of a job interview process.

Here are five major issues along with actions you should take if they arise.

1. What's your age?

Believe it or not, it’s against the law to inquire of candidates, " How old are you? " or " In which year did you come into this world? ?"

Certain interviewers pose such queries assuming you appear youthful. They could remark, “Do you even qualify to work here?” These questions often serve to undermine the interviewee, as the interviewer might erroneously connect youthfulness with lack of experience.

For a more seasoned candidate, the question might arise from worry that they may struggle to adapt to technological advancements, cope with rapid workplace dynamics, or assimilate into a youth-oriented corporate atmosphere.

Currently, employers have the option to inquire about a candidate’s number of years of pertinent professional experience. Concentrating on your employment background is both legally permissible and a typical aspect of the hiring process. Applicants ought to be at ease discussing their experience as it relates to the position.

When questioned about your age, respond elegantly by stating, "Let’s concentrate on my credentials and the contribution I make to this job. With X years of direct involvement in roles like this one, including [main competencies or pertinent accomplishments], I’m eager to expand upon those aspects."

Prior to an interview, you can combat age discrimination by omitting your date of birth and graduation year from your resume.

2. Are you married?

Asking about someone's marital status isn't just against the law; interviewers should steer clear of these topics because they are private matters.

An interviewer may ponder if they should compensate the candidate according to their value, presuming they possess one. working spouse who could support them. Or, they may worry that the candidate will be distracted by things like dating, a big wedding, a honeymoon, and eventually, children.

The most effective reply is to courteously yet assertively steer the discussion back towards your credentials. You might say, "While I choose to keep my personal matters confidential, I am more than willing to elaborate on how my abilities and background match up with what this position requires." This approach helps establish limits while keeping the interaction professional.

3. Do you have kids?

This resonates with me as well since I too have been questioned during an interview about whether I have children.

A boss could inquire about this to assess the amount of time an individual can commit to their workplace. They may be hesitant to employ someone who has significant external obligations beyond their job.

Other interviewers might start with casual conversation during an interview, yet they have to tread carefully. Even though it’s tempting to let things slide, such chitchat remains against the law, so keep your discussion light and non-controversial—think along the lines of discussing the weather. However, as someone being interviewed, you’re free to share this kind of personal detail without breaking any rules.

4. Where are you from?

Questions such as "Where are you from?" What part of the world does your accent originate from? What is your primary language?" and "Do you use English for communication at home?" are inappropriate questions, and there’s no necessity to inquire about them.

Occasionally, an employer could encounter a challenging-to-pronounce name and inquire about it during casual conversation. Once more, such small talk shouldn’t serve as a cover-up. The situation can get particularly delicate because although it seems like idle chatter, it has the potential to veer into uncomfortable territory if it touches upon aspects of ethnic background or nationality.

An enthusiastic reply could be: "I'm thrilled at the prospect of joining your team and am eager to highlight my professional journey, encompassing [pertinent expertise]. Feel free to ask me anything regarding my potential contributions to your group."

This diverts the discussion while sidestepping personal revelation.

5. What's your religion?

Religious beliefs are safeguarded. An interviewer isn't allowed to inquire, " Are you someone who attends church? Typically, this wouldn't be noticed by the interviewer.

A prospective employee may inquire of the interviewer, "Which holidays does your company observe?" or "Does your organization offer floating holidays?" To which the interviewer could respond regarding the firm’s holiday policy.

If a company poses any of these queries, it serves as a significant warning sign. In the event of encountering improper or unlawful questions during an interview, the crucial approach is to remain composed, professional, and assured while delicately redirecting the discussion towards highlighting your skills and worth.

Should the queries persistently become uncomfortable, inappropriate, or discriminatory, applicants ought to record these instances and contemplate reporting them either to Human Resources, elevating the issue internally, or lodging a formal grievance with the Equal Employment Opportunity Commission.

In essence, what matters most are your abilities, experiences, and credentials—not personal information irrelevant to performing the work.

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