VTP 566 Rockland BOCES The Possibilities are Endless

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The Job Interview

Questions That are Illegal to Ask

Mary Ellen Doremus-WBL Coordinator

VTP 566 Rockland BOCES The Possibilities are Endless

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Pre-Test Are the following questions illegal to

ask? True or False What is your name? Do you have physical or mental

disabilities? Have you even been convicted of a felony? Pasquale, is that a Spanish name? Are you taking any prescription drugs?

VTP 566 Rockland BOCES The Possibilities are Endless

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What types of questions are Illegal to Ask?

Federal and state law prohibits employers from asking questions that are not related to the job they are hiring for that include:

Race, color, religion,ethnic background, birthplace, disability, marital/family status, sexual preferences or age

VTP 566 Rockland BOCES The Possibilities are Endless

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Options when asked an illegal question on an Interview Answer the question

Not all employers are familiar with the laws Often asked in innocence

Answer the “intent” of the question Example: If asked if you are a US citizen (illegal)

respond that you are authorized to work in the US.

Be brief

VTP 566 Rockland BOCES The Possibilities are Endless

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Options continuedTry to change the topic and avoid the

question Ignore question and redirect to a new topic area

Point out that the question is illegal Be Tactful If interviewer becomes offended you will not get

the job

VTP 566 Rockland BOCES The Possibilities are Endless

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Things to consider Refusing to answer a question might cost you

the job

Decide whether or not you really want to work in a place that asks inappropriate questions

You may obtain more job offers if you volunteer information that an interviewer can’t ask you

VTP 566 Rockland BOCES The Possibilities are Endless

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Discrimination Most is not deliberate

Consider the intent

Court of law will determine discrimination and if a crime has been committed

Consult with a labor attorney to file a claim if you believe you have been discriminated against when applying for a job or while on a job

VTP 566 Rockland BOCES The Possibilities are Endless

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Illegal vs. Legal When were you born?

What country are you a citizen of?

What language did you speak growing up?

Have you been arrested?

Are you over 18?

Do you have a legal right to work in the US?

This job requires that you speak Spanish, do you?

Have you been convicted of a felony?

VTP 566 Rockland BOCES The Possibilities are Endless

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Post Test Can questions be asked about your race

during an interview? Y/N If you are asked a question you feel

uncomfortable with should you walk out of the interview? Y/N

If you speak another language should you tell the interviewer? Y/N

If an interviewer asks you an illegal question does that mean they committed a crime? Y/N

VTP 566 Rockland BOCES The Possibilities are Endless

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Action AssignmentBreak into groups of threeGroup will be given three scenariosGroup will decide1) If Interviewer asked

an illegal question, if so how it could be rephrased 2) If what Interviewee said was appropriate, if not, how they could have answered

Share responses with the class