This document provides guidance on questions that are inappropriate and legally off-limits during a job interview. It notes that questions about age, race, gender, religion, disability, family or marital status are not allowed because they could enable discrimination in hiring decisions. The document advises preparing responses in case inappropriate questions are asked and knowing one's rights under laws like the Civil Rights Act, ADA and ADEA. It suggests politely redirecting to one's qualifications if asked an off-limits question. The document concludes with advising investigation of processes for filing discrimination complaints.

1. Interviewing - why some
question are off limits
BINF 6153 - Professional Development
Bioinformatics & Genomics, UNC
Charlotte

2. Title VII of the Civil Rights Act of 1964
• http://www.eeoc.gov/laws/statutes/titlevii.cf
m

3. Title VII of the Civil Rights Act of 1964
• http://www.eeoc.gov/laws/statutes/titlevii.cf
m

4. Americans with
Disabilities Act
http://eeoc.gov/laws/types/disability.cfm

5. Age Discrimination in
Employment Act
http://eeoc.gov/laws/types/age.cfm

6. http://www.eeoc.gov/employees/howtofile.cfm

7. Job interview - not an ordinary
conversation
• Questions designed to assess your suitability
for the job
• Includes: questions related to working style,
personal characteristics - but only as related
to your ability to do the job

8. Interviewers should not ask questions
related to:
• Age
• Race, ethnicity, country of origin
• Gender or sex (includes orientation)
• Religion
• Disability
• Marital or family status, pregnancy

9. Why not?
• Asking these questions creates appearance of
employment discrimination
• Questions are not illegal
• But...how an employer uses the answers could
be

10. http://careerservices.calpoly.edu/co
ntent/student/illegal

11. Where are you from?
Allowed or not ?

12. Where are you from?
Allowed or not ?
Not allowed. In a social setting, this would
be a great ice breaker - a chance to get to
know a person better. But this is
inappropriate in job interview as it touches
on national origin, ethnicity.

13. Do you have kids?
Allowed or not ?

14. Do you have kids?
Allowed or not ?
Definitely NOT allowed! Again, a great ice breaker in social
situations. But inappropriate in a job interview - very unprofessional!
If you're asked this, considering answering the question they should
have asked. Maybe they are trying to find out if you can work late
some days? They may think that if you have kids, you can't work late
hours because you have to pick them up from day care.

15. Advice from Huffington Post article
http://www.huffingtonpost.com/2015/04/09/off-limits-questions-job-interviews_n_7028050.html
"Let’s say a hiring manager asks a female candidate if she has children. One way
to address the issue is to tackle it head-on.
“Think about what’s really being communicated,” Pontikes said. “You can say, ‘If
you guys are concerned about my availability or my dedication to the firm, please
be assured I plan to be very dedicated. I’ll put in long hours, I’ll work from home if
I have to, and here’s what I did at other places while I had children.’”
Another option is to turn the conversation toward your qualifications for the
position.
“Don’t be disapproving of the question,” Pontikes said. “You’re being evaluated
and, to be frank, that person has the power. Redirecting to your qualifications is a
good way to address the awkwardness.” "

16. Are you a US citizen?
Allowed or not ?

17. Are you a US citizen?
Allowed or not ?
Not allowed. In job interview, indicates
national origin, ethnicity. Should have
asked instead: "Are you legally
authorized to work in the United
States?"

18. Are you available to work after 5
one or two days a week?
Allowed or not ?

19. Are you available to work after 5
one or two days a week?
Allowed or not ?
Allowed. Pertains to ability to do the job.

20. Do you belong to any clubs or
social organizations?
Allowed or not ?

21. Do you belong to any clubs or
social organizations?
Allowed or not ?
Not allowed. "Social" or "clubs" might
include religious groups. Discrimination
based on religion is forbidden.

22. Do you belong to any clubs or
social organizations?
Allowed or not ?
Can handle it by answering the question
they should have asked: "Are you a
member of any professional societies in
bioinformatics or biotech?"

23. Do you have a disability?
Allowed or not ?

24. Do you have a disability?
Allowed or not ?
Not allowed. The ADA forbids
discrimination based on disability.

25. Do you have a disability?
Allowed or not ?
Maybe answer the question they should
have asked: "Are you able to perform the
physical requirements of the job? (Like
lift 50 lbs, run a mile, etc.)"

26. How many sick days did you take
last year?
Allowed or not ?

27. How many sick days did you take
last year?
Allowed or not ?
Not allowed. The ADA forbids
discrimination based on disability, which
includes illness.

28. How many sick days did you take
last year?
Allowed or not ?
Maybe answer the question they should
have asked: "How many days of work did
you miss last year?"

29. Summary
• Before your interview, refresh your knowledge
of the ADA, ADEA & Civil Rights Act.
• Plan a few answers in advance, just in case.
Rehearse.
• If asked such questions, make notes
afterward. If you did not get the job due to
illegal discrimination, you have recourse.
• The questions themselves are not illegal - but
how employers use the answers might be.

30. Teams: Discuss & Investigate
• "Shouldn't I answer the off-limits question? Then,
if I don't get the job, I can sue!"
– Investigate processes for filing a complaint.
– Research a prospective employer: Has anyone filed an
EEOC complaint against them? Can you find out?
• "I was denied a promotion because of my
religion. What can I do?"
– Investigate rules for filing a complaint.
– Investigate what kinds of evidence are needed to
show discrimination based on religion.
• Other questions?