Find your diamond
Find your jewelry
shape
carat
color
clarity

job interviw and unlawful questions.

Status
Not open for further replies. Please create a new topic or request for this thread to be opened.
J

jewelerman

Ideal_Rock
Joined
Sep 30, 2007
Messages
3,107
Went to a job interview today for a high end independat jeweler in my area today.The owner,who has been in the trade for 50 years asked me questions like
1-married or single
2-how many children
3-any physical problems that would keep me from standing long periods of time
4-why are you single
I was taken back because I knew it was unlawful to ask these questions in an interview and am surprised that they were asked...what response would you have given?Whats odd is that hes not the first person to ask these questions...most interviewers have asked these exact question in my job interviews in the last few years!
 
Yikes, I''m sorry to hear this.
I don''t know how I''d respond, probably as truthfully as I felt comfortable. (And probably a bit tongue-in-cheek to that last question. Sheesh.)

Although, all of the teacher apps here in Illinois ask if you have any physical conditions that would limit your ability to perform the required tasks of the job.
 
I would ask them how the question relates to the position because those are very personal questions.

I am guessing you were interviewed by an older male.
 
I can see *why* a potential employer would want to know these things, for sure -
but yes, I don''t think the personal/family ones are proper conduct.

As to the medical one, I haven''t been asked that directly in an interview - but pretty much every written letter of offer/job application I''ve had has asked that kind of thing (more if you have illness or disability and need special assistance etc).
I have to say, I don''t know about the legality, but I think that is a reasonable question considering the position (nbr 3 I''m referring to).
 
Date: 8/5/2009 2:20:30 AM
Author:jewelerman
Went to a job interview today for a high end independat jeweler in my area today.The owner,who has been in the trade for 50 years asked me questions like
1-married or single
2-how many children
3-any physical problems that would keep me from standing long periods of time
4-why are you single
I was taken back because I knew it was unlawful to ask these questions in an interview and am surprised that they were asked...what response would you have given?Whats odd is that hes not the first person to ask these questions...most interviewers have asked these exact question in my job interviews in the last few years!
Click to expand...
I have been asked these two at almost every interview I attended in the last 3 years.
Interesting when you note I have been interviewed exclusively by Solicitors.

#3 doesn't apply as it is a desk job and #4 doesn't apply as I am married.

I am not upset by it because I feel they are pertinent questions for an employer. I am also asked if I smoke.

I feel the world is too PC already and an employer should be able to ask any personal questions which allow a full picture of the employee to be.
 
It has been so interesting having worked in the US and now interviewing and working in Europe. I found the questions they have asked here in Europe were much more personal and that is totally normal. It threw me for a major loop. In the US a great deal of the questions I have been asked are illegal and I would have had to speak to an HR rep about it following the interview had I been uncomfortable. Them most recent question that threw me was when they asked me for my age. I guess its common here for people to include their birth date on a resume. In the US you don''t do that and they are not supposed to ask. I graduated college at a young age and have been in the work force for 3 years. Most people here are still in school at my age so the lady was very very skeptical when she asked me my age and I was honest. She then really critiqued my resume- in the end it worked out and they offered me the job!

In your case I would be wary and if you have no real stake in getting the job see if there is an HR person you can mention it to. It may not be a big deal to you, but eventually it will be a big deal to someone and they can put up a huge stink and cause problems so if HR is not aware, they may appreciate the heads up.
 
In the UK these kind of questions are definitely not allowed. I have been advised not to put my date of birth on my CV because of the age discrimination legislation. I would be very confused if asked questions about my relationship status in an interview and whilst I would probably answer truthfully, I know it would be obvious that I didn''t understand why he/she was asking. I thinkt that these types of questions are appropriate after someone has been hired, because it''s nice to get to know your colleagues, but that they are inappropriate in an interview because it could be thought that they were part of the selection criteria, which they should not be.
 
Date: 8/5/2009 7:01:53 AM
Author: hughsie
In the UK these kind of questions are definitely not allowed. I have been advised not to put my date of birth on my CV because of the age discrimination legislation. I would be very confused if asked questions about my relationship status in an interview and whilst I would probably answer truthfully, I know it would be obvious that I didn''t understand why he/she was asking. I thinkt that these types of questions are appropriate after someone has been hired, because it''s nice to get to know your colleagues, but that they are inappropriate in an interview because it could be thought that they were part of the selection criteria, which they should not be.
Click to expand...
I am in the UK and was asked questions like these and even more personal ones (including the nationality of my boyfriend, how long we had been together and when I thought we would be getting married when we hadn''t both agreed that we wanted to get married yet). I know exactly why they were asked, though--I am not a UK citizen, was hoping that these potential employers would like me enough to get me a UK work permit, and so they wanted to get some idea if I would be getting married anytime soon so that they wouldn''t have to plan on paying for a new work permit for me every two years. They are expensive!

Understandable though their reasons may have been for asking those questions, it still felt very strange to be talking to a stranger (at the time; now she''s my boss) about my relationship and when we might get married, when we hadn''t even lived together yet.
14.gif
 
In the US those questions are illegal, as is making their determination based on your answers. I would have responded with:

"I have a very strong work ethic and when I''m at work I''m 110% devoted to the job. I prefer, for the sake of professionalism, to keep my personal life and my professional life separate."
 
I imagine that they would want to know whether you''re married or single and whether you have children for health insurance purposes - will you be listing your spouse and children on your health insurance?

They might want to know about physical impairments in order to provide reasonable accommodation for you.

The only question I see as unlawful is "Why are you still single?"
 
It''s one thing to ask those questions once an offer has been extended, another thing entirely to ask them during the interview.
 
How would I have responded?

"How does my being single or married, having children or not, have anything to do with how well I would perform my job?"

Instead of pointing out that these questions are illegal, which the interviewer will automatically regard as a hostile response, you may just get the real answer from him as to his motivation in asking. That will give you enough insight to know whether you would even want to work with/for that person.

Often, for a wide variety of reasons, I''ve wished I could legally ask these questions of an interviewee. Many times, in fact. That doesn''t mean that I, or my company, are lousy employers. We''ve just seen and heard every excuse in the book as to why an employee cannot perform their job, or even show up as scheduled. And 9.5 times out of 10, it is family obligations which are the root cause of employee performance and attendance issues.

My way around these questions in an interview?? "Tell me a little about yourself. What are your personal goals and ambitions? Where do you see yourself in 5 or 10 years? " Usually people will reveal far more about themselves than any standard question, or even the ''No-No'' questions you can''t legally ask.
 
Date: 8/5/2009 2:20:30 AM
Author:jewelerman
Went to a job interview today for a high end independat jeweler in my area today.The owner,who has been in the trade for 50 years asked me questions like
1-married or single
2-how many children
3-any physical problems that would keep me from standing long periods of time
4-why are you single
I was taken back because I knew it was unlawful to ask these questions in an interview and am surprised that they were asked...what response would you have given?Whats odd is that hes not the first person to ask these questions...most interviewers have asked these exact question in my job interviews in the last few years!
Click to expand...
Maybe they''re hoping for someone to admit "I''m evil, quarrelsome, I don''t do well with people and basically, no one can stand me, that''s why!" or: "My job is the love of my life!"
3.gif


Seriously, I can see the reason behind these questions (except the last one) but I still don''t think it''s ok to ask them during an interview.
 
Date: 8/5/2009 8:48:44 AM
Author: Madam Bijoux
I imagine that they would want to know whether you're married or single and whether you have children for health insurance purposes - will you be listing your spouse and children on your health insurance?

They might want to know about physical impairments in order to provide reasonable accommodation for you.

The only question I see as unlawful is 'Why are you still single?'
Click to expand...

There are some other possible motivations:

A belief that "a family man" would be more "deserving" of a job.
A perceived link between family size and religion; fishing to determine religious affiliation.
Fishing to determine sexual orientation.
A belief that a "family man" is more likely to be distracted on the job or less likely to be have good attendance habits.
Concern about attendance records or insurance costs associated with a disability or poor health.

Whatever the motivation, these questions do not pertain to fitness for the job and have the potential to be used for discriminatory purposes and would be illegal under federal law (and in California, under state law.)
 
1,2 & 4 should definitely not be asked in an interview. I totally agree with Holly as to how to handle them.

#3 is legal as long as it is being asked to determine whether you can handle the physical requirements of the job, usually that is on the application, as well.
 
I don''t see a problem with number #3- you have to answer that question on just about about every job application you fill out here. I''ve been asked all those questions during interviews & have answered them. I know they aren''t supposed to ask but what can I do, you know? Lots of casinos here also ask your height/weight/eyecolor too.
 
Date: 8/5/2009 9:16:57 AM
Author: AdiS


Date: 8/5/2009 2:20:30 AM
Author:jewelerman
Went to a job interview today for a high end independat jeweler in my area today.The owner,who has been in the trade for 50 years asked me questions like
1-married or single
2-how many children
3-any physical problems that would keep me from standing long periods of time
4-why are you single
I was taken back because I knew it was unlawful to ask these questions in an interview and am surprised that they were asked...what response would you have given?Whats odd is that hes not the first person to ask these questions...most interviewers have asked these exact question in my job interviews in the last few years!
Click to expand...
Maybe they're hoping for someone to admit 'I'm evil, quarrelsome, I don't do well with people and basically, no one can stand me, that's why!' or: 'My job is the love of my life!'
3.gif


Seriously, I can see the reason behind these questions (except the last one) but I still don't think it's ok to ask them during an interview.
Click to expand...
Why am I single?

I've been focused on my career and professional development.
3.gif


(assuming that your Resume backs that up...)
 
There are actually questions that not only shouldnt be asked in an interview, but are actually illegal to ask in an interview. Two of the questions that are illegal are questions about your marital status and questions about whether you have kids (or if you are pregnant or plan to become pregnant). They're illegal, unlawful and you could actually file a claim against this company/person for asking those questions.

The only one that is acceptable to ask, is asking you if you have any problems that would prevent you from standing. They cant ask if you have a disability, but can ask if you are ok with standing.
 
Date: 8/5/2009 10:27:38 AM
Author: NakedFinger

The only one that is acceptable to ask, is asking you if you have any problems that would prevent you from standing. They cant ask if you have a disability, but can ask if you are ok with standing.
Click to expand...

If that is a necessary aspect of the job...
 
Actually, despite the belief that questions about kids and marriage are illegal, well, in many states they aren't.

I'm an attorney that has done a decent amount of employment law. In my state, it is legal to ask questions regarding marital status and children.

As for the question reagrding physical ability - that seems to be within the requirements of the job. If you aren't able to handle the physical demands of working for the company, then you aren't going to be a good fit for the job.

Thus, I'd answer them honestly.

The question about what are you single...I don't think that's an illegal question, but certainly odd.

As for how I'd answer - well, truthfully.

I'm sort of the opinion that there isn't much to be gained by making a big stink about the questions they ask. All it really does, deservedly or not, is make you look bad in the employer's eyes...
 
Date: 8/5/2009 2:51:02 AM
Author: Haven
Although, all of the teacher apps here in Illinois ask if you have any physical conditions that would limit your ability to perform the required tasks of the job.
Click to expand...

That''s legal as long as it''s only pertaining to performing the job itself.
 
Date: 8/5/2009 11:03:04 AM
Author: littlelysser
Actually, despite the belief that questions about kids and marriage are illegal, well, in many states they aren't.


I'm an attorney that has done a decent amount of employment law. In my state, it is legal to ask questions regarding marital status and children.


As for the question reagrding physical ability - that seems to be within the requirements of the job. If you aren't able to handle the physical demands of working for the company, then you aren't going to be a good fit for the job.


Thus, I'd answer them honestly.


The question about what are you single...I don't think that's an illegal question, but certainly odd.


As for how I'd answer - well, truthfully.


I'm sort of the opinion that there isn't much to be gained by making a big stink about the questions they ask. All it really does, deservedly or not, is make you look bad in the employer's eyes...
Click to expand...


i agree with this. unless something is really wrong, why not be open?

eta: due to the large number of job related complaints, we see on ps, maybe it is good to know that the new employee will be a good fit in the organization? if the questions, the interviewer asks, upset you, it is reasonable to assume that the way they handle employee relations may not be agreeable to you either.
 
I have been asked during an interview whether I intend to have children any time soon...
at the time I didn''t care since I''m not interested in having children AT ALL... but now that I think back on it I''m thinkin that''s not a cool thing to ask...
 
Date: 8/5/2009 11:54:43 AM
Author: Namaste
I have been asked during an interview whether I intend to have children any time soon...

at the time I didn''t care since I''m not interested in having children AT ALL... but now that I think back on it I''m thinkin that''s not a cool thing to ask...
Click to expand...

It''s illegal because it implies that they intend to discriminate against you if you want to have children soon...
 
Gwendolyn-I am very surprised that they asked you those questions. I was under the impression that they are definitely unlawful. I have been researching this recently as I am applying for jobs. Here is an official link about it
http://www.businesslink.gov.uk/bdotg/action/detail?r.s=sc&r.l1=1073858787&r.lc=en&r.l3=1074003268&r.l2=1073877851&type=RESOURCES&itemId=1073792193

I found it really interesting reading! I can imagine that there might be different issues if you need a work permit, but I would be extremely uncomfortable discussing this kind of thing in an interview and I''m glad that the legislation is in place.
 
Date: 8/5/2009 8:06:03 AM
Author: Hudson_Hawk
In the US those questions are illegal, as is making their determination based on your answers. I would have responded with:

''I have a very strong work ethic and when I''m at work I''m 110% devoted to the job. I prefer, for the sake of professionalism, to keep my personal life and my professional life separate.''
Click to expand...
Hudsen-Hawl,
You nailed it!I wish i would have responded in this way.This is the way the text books in my Communication classes suggest and I went blank when the questions were asked.Next time I will respond as you have posted.
I appreciate everyones imput on the topic.I know that questions about the jobs phyical needs are expected but i also know they need to be prased in a way so the employer can keep themselves free of sounding discrimitory.example...we need our people to stand for hours at a time is this acceptable to you?Im surprised that he asked this because he knows that ive been in management and in the trade for many years and his company was the one who invited me to interview.
 
Is it possible that he was asking these questions to be conversational and social? It strikes me that with 50 years in the jewelry business being on top of the legalities of interview behavior may not be at the top of his priorities.
 
Status
Not open for further replies. Please create a new topic or request for this thread to be opened.
GET 3 FREE HCA RESULTS JOIN THE FORUM. ASK FOR HELP
Jewelry Blog
PriceScope-Concierge-Ad
Find prime cuts.
Top