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Seven Topics and Interviewer Should Never Ask About a Job Applicant

6/8/2009

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Are you familiar with your rights when it comes to being interviewed? There are laws in place intended to protect your from age, gender and other forms of discrimination, but they cannot work if you do not know you do not have to answer. Read the list below before your next interview to ensure that you're being treated fairly and by the letter of the law: 

1. Age: Regardless of whether you are very young or edging towards retirement, age cannot be a deciding or even one of the motivating factors in the hiring decision. Only questions about whether or not you are old enough to work are acceptable. 

2. Marital status: Whether or not you want to disclose this information is personal and women and men alike are not required to disclose marital status in an interview. 

3. Children: While an employer may have legitimate concerns about your ability to travel, questions based on parental status are not legitimate interview topics. 

4. Religion: Be wary about potential employers who are asking about your religious beliefs. Using religion as a deciding factor in hiring is prohibited. If interviewers want to know when you are available for work more general questions are more than sufficient. 

5. National Guard: While many employers are reluctant to lose an employee to deployment, military service cannot be used as a basis for job discrimination. 

6. Legal Drug Use: So long as these products are not being used on the job, it is not generally legal to discriminate against those who engage in these activities. 

7. Political Affiliation: Interviewers are not allowed to ask about your participation in political organizations, clubs or associations other than those which are related to your ability to perform your job.   

This post was contributed by Kathleen Baker, who writes about online universities. She welcomes your feedback at [email protected]

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  • Home
  • Employment Law
    • Wrongful Termination >
      • At-Will Employment
      • Termination After Unfair Warnings and Write-Ups
      • Union Grievance, Workers Comp and Wrongful Termination
      • Labor Code 970 Claims
      • Promissory Estoppel and Employment Contracts
      • Implied Contract Claims
    • Discrimination >
      • Proving Discrimination
      • Age Discrimination
      • Disability Discrimination >
        • Protected Disabilities
        • Medical Leave / Disability Accommodations
        • Job Reassignment As A Disability Accommodation
        • SSI Disability Benefits and Your Court Case
        • Sample Request for Reasonable Accommodation
      • Pregnancy Discrimination
      • Race Discrimination
      • Sample Discrimination Complaint
      • DFEH and EEOC Investigations
    • Retaliation >
      • How to Prove Retaliation
      • Dealing with Retaliation While Still Employed
      • Retaliation for Complaining
      • Whistleblower Retaliation
    • Harassment
    • Defamation at Workplace
    • Prof. License Defense
    • Leaves of Absence >
      • Medical Leave as Reasonable Accommodation
      • FMLA Entitlement and Reinstatement to Work
      • CFRA Leave
      • Employers' FMLA Notice Obligations
      • Paternity Leave (FMLA)
      • Sample FMLA Leave Request
    • Wages / Overtime Claims >
      • Wage Claims
      • Employee or Contractor
      • Exempt / Non-Exempt >
        • Admistrative Exemption
        • IT Support Specialists Compensation
        • Computer Professional Exemption from Overtime
        • Recruiters / Account Executives Exemption
        • Complaining About Being Misclassified
      • Vacation Pay / PTO
      • On-Call Time Compensation
      • Deductions fr. Commissions
    • Unempl. Benefits Appeals >
      • Tips for EDD Phone Interview
      • Unemployment Benefits Appeal Hearing Representation
      • CUIAB Hearing Tips
    • Employment Law Blog
    • For Employers
  • Personal Injury
    • Five Tips For Injury Cases
    • Slip-and-Fall Injuries
    • Assault and Battery
    • Recorded Statements
    • Repairing Your Vehicle
    • Unpaid Medical Bills
    • Injury Law Blog
    • Medical Malpractice
    • Police Excessive Force
  • Practice Areas
  • About
  • Results
  • Submit Case
  • Contact
  • Resources
    • Consultations
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    • Deposition Tips
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    • Severance Agreements
    • Workplace Investigation
    • Arbitration
    • Statutes of Limitations
    • Healthy Litigation Mindset
    • Trial Tips
    • Working Remotely
    • How To Find The Right Lawyer For Your Case