@360JobInterview.Com blog

An interview is a potential employer’s chance to get to know you. Are you right for the position? Will you be a good fit in the company? These are important qualities to be aware of before a company will hire you.

The question then becomes, how far can an interviewer go to get relevant information about an prospective employee? While many personal attributes, including personality and particular skill sets are all relevant when being considered for a job, there is a limit as to how far the questioning can go.

According to United States Federal Law, the following are topics/questions that may not be brought up by the interviewer, nor may they be used in any other discriminatory fashion:

• Age

  A common concern amongst employers is whether or not an individual will not only be able to perform the duties of a position, but be able to have long-term goals that have the company in mind. As people age, it is understood that many look to retire from the workforce, hence rendering those of advanced years as more of a burden without any long-term benefits. This is protected by the Age Discrimination in Employment Act (ADEA) of 1967. Conversely, the younger candidates are seen as a risk; they are more frequently uncertain of their career goals and generally lack the same sense of responsibility a more mature candidate may have.

• Disability

  One of the more widespread prejudices that remain is that against the disabled. They are frequently seen as incapable and dependent people. What you should know is that they can perform a job and be independent in plenty of circumstances. The American Disabilities Act of 1990 ensures that those qualified to fulfill a position’s requirements are not discriminated against due to their physical handicap.

• Gender/Family Status

  With the presence of the Internet and jobs in said industry, it is now more convenient than ever to maintain a career and a family. Women, however, have always been traditionally set in the role of housewife and mother. An employer may not ask about your marital status or how many children you have. They may also not inquire about your plans to marry or start a family. Reference Civil Rights Act of 1964, Title VII.

• National Origin

  This is an almost tricky subject. So much can be said about a person based upon their background, yet it is illegal to ask an interviewee where they are originally from or what their nationality is. An interviewer can ask if the person is legally able to work in the United States. For federal/government jobs, you may be asked if you are a U.S. citizen. This is also protected by the 1964 Civil Rights Act.

• Race/Color

  Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based upon race or color. While it is nearly impossible to hide your skintone during a live interview, it should not be a topic of discussion for either party. Instead, focus on being the confident, skilled candidate that you are, and you should bypass any potential racism during the hiring process.

• Religion/Beliefs

  Your beliefs are your own personal matter and should remain out of the workplace to maintain a sense of professionalism. An employer cannot ask if you are a follower of a particular religion or political affiliation. What is relevant, however, is your work availability. They may ask about your availability to work certain days. If your religious beliefs do not allow you to work on a certain day of the week or requires you to be abstain from work for some holidays, inform the employer that you will be available to work weekends or other holidays that others will be out of the office.

• Sexual Orientation

  You may be proud of who you are, but it is not what defines your ability to perform well in any given job. An employer has no right to ask about your sexual preferences. There is no relevancy of sexual orientation to a career outside of the LGTB community, so there should be no questions related to the matter during an interview.

The right person for the position can be of any ethnicity, gender, status, or orientation. To be the best candidate for the job, you need to be prepared. Arrive ready and confident at any interview by practicing live 1 on 1 with a 360 Job Interview coach.

If you feel that you’re being, or have been, discriminated against during the hiring process, contact the U.S. Equal Employment Opportunity Commission.