Have you ever asked someone an illegal interview question? I have. I didn’t know that I had asked an illegal question. I was younger and poorly trained, but I could just as easily have been older and poorly trained. In fact, my experience is that probably 95%+ of all interviewers not only have asked illegal interview questions in the past, but they probably continue to do so today. They don’t intentionally do it. The fact is that in a state like California the laws are so strict that without training and constant reminders, everyone is bound to slip up and ask something that is technically not legal to ask.
Here’s a quizz. Which of the following questions is considered “illegal” to ask in an interview in California?
- Based on your resume, it looks like you grew up in New Jersey. I did too. What part of New Jersey are you from?
- I noticed you have a cast on your leg. Did you break it?
- Are you planning to have children in the next two years?
- I see you went to Notre Dame. Are you Catholic? I am too. We have a lot of great Catholics who work here.
- Your resume says you speak Chinese. Did you grow up there or just learn the language?
- When did you graduate from high school?
- What part of the Bay Area do you live in? Will commuting be an issue?
So, which ones are illegal? Technically, all of them are illegal. In California, and many other states, questions that don’t directly relate to the job qualifications are off limits. Here’s more specific information:
- Based on your resume, it looks like you grew up in New Jersey. I did too. What part of New Jersey are you from?
This question has nothing to do with the job qualifications. And if the candidate tells you they grew up in an area that happens to be known for having a large ethnic or religious population, the candidate could potentially claim you used the answer to this interview question in order to discriminate against them.
- I noticed you have a cast on your leg. Did you break it?
The biggest risk with this question relates to physical disabilities. What if the candidate tells you that have a physical handicap that required surgery and will require more surgeries? When you don’t hire them, you open yourself up for a claim that you didn’t hire them because you knew they were handicapped.
- Are you planning to have children in the next two years?
Kind of an easy one. You can’t discriminate against someone for having children or planning to have them.
- I see you went to Notre Dame. Are you Catholic? I am too. We have a lot of great Catholics who work here.
Another fairly easy one. Just because you share the same ethnic or religious status with someone doesn’t save you from a discrimination claim.
- Your resume says you speak Chinese. Did you grow up there or just learn the language?
Similar to the first question, you can’t ask someone where they are from or about their ethnic origin.
- When did you graduate from high school?
While it is okay to confirm someone has a degree, you cannot ask them about when they obtained it. This opens you up to an age discrimination claim when the person thinks you asked the question to see how old they are.
- What part of the Bay Area do you live in? Will commuting be an issue?
This is a tricky one. Technically, it’s illegal. While you may have concerns about someone commuting a long distance to your place of business, it is not part of the job. If the person tells you they are commuting from an area with a particular ethnic or minority population, you risk a discrimination charge. And if ANYONE in your company currently deals with a long commute, you can’t defend your decision not to hire someone based on where they live. All you can do is be clear on the expectations for the hours they must be onsite and get their commitment that this will not be an issue.
While a lot of this might seem a little frightening, the truth is that candidates rarely file suit over discrimination during an interview process. Something very blatant normally has to happen that is much more definitive than the interview questions given as examples above. However, it only takes one disgruntled candidate to ruin your mood for the next several months while you go through a court case. You don’t want to be known as the person who cost your firm a $25,000 settlement with a candidate because you asked how they broke their leg when they came in for an interview.
