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The Job Interview. Questions That are Illegal to Ask Mary Ellen Doremus-WBL Coordinator. 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?
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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
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
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
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
Options continued • Try 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
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
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
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? Illegal vs. Legal VTP 566 Rockland BOCES The Possibilities are Endless
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
Action Assignment • Break into groups of three • Group will be given three scenarios • Group 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 VTP 566 Rockland BOCES The Possibilities are Endless