As labor attorneys, we hear from people who say that they have been asked inappropriate questions during job interviews.
These questions often blur the line legally. For example, an employer should not ask you about your future family plans (child planning), because the questions may be discriminatory. However, under federal law, an employer may ask you about your marital status for tax purposes—it just cannot base a hiring decision on your status.
If you feel like you have been asked an inappropriate question during a job interview or you think you were discriminated against during the hiring process, your best option may be to speak to our Los Angeles employment lawyers about the situation, as the laws can be complicated.
Other questions that may be illegal during a job interview include:
- How old are you? An employer can as you if you are over the age of 18 to ensure that you are not a minor, but if someone asks your age directly, you may want to decline to answer the question because it is illegal for an employer to discriminate against anyone over the age of 40.
- When did you graduate? This falls back on age discrimination. It is easier to determine someone’s age based on his or her graduation date.
- How is your health? An employer can ask you about specific physical capabilities, if the position demands it—‘can you lift a certain amount of weight?’ Nevertheless, it may not ask you information about the overall state of your health.
- Are you religious? An employer should never ask you about religion or any holidays that you might observe.
- What country are you from? It is legal for an employer to ask if you are allowed to legally work in the country; however, an employer cannot ask you directly where you are from country-wise.
Should I Speak to a Los Angeles Labor Attorney?
Again, the legalities of interview questions can be puzzling. If it can be proven that an employer discriminated against you during the interview or application process by asking you inappropriate or illegal questions, you may be able to seek damages.
Forms of discrimination during the interview process can include age discrimination, disability discrimination, national origin discrimination, racial discrimination and sexual orientation discrimination. Make sure that you receive expert legal assistance if you have questions about how labor laws may pertain to you.
You can contact us by using the request form or phone number located on this page.
Kesluk, Silverstein & Jacob– Los Angeles employment attorneys