Are There Certain Questions an  Employer Can’t Ask in a Job Interview?

Certain questions are prohibited and cannot properly be asked in a job interview. Many  other questions fall into a gray area, where the acceptability of the question depends upon  the reason it is being asked.  

At the same time, employers are also required to keep certain statistical information on  the demographics of their employees to comply with federal and state employment laws.  A question that might be acceptable on a statistical survey can be improper if it is asked  in the job interview itself.  

Knowing the range of prohibited interview questions ahead of time can help job  candidates answer proper questions quickly and accurately and take steps to avoid  improper questions as they arise. 

Can an Employer Legally Ask Anything They Want in a  Job Interview? 

Employers are limited in the kinds of questions they are allowed to ask in job interviews.  Essentially, employers can ask questions designed to determine the fitness of a particular  applicant for a particular position.  

Questions relating to education, work experience, and experiences with particular former  employers are generally acceptable. More intangible questions about the potential  employee’s career goals, work ethic, customer service, work outlook, or philosophy are  also usually fine.

If an employee raises an issue related to a disability, it may be necessary for the employer  to address the issue in the interview.  

The Americans With Disabilities Act prohibits employers from discriminating against  individuals who qualify as “disabled” under the terms of the Act. The Act also requires the  employer to make reasonable accommodations for the employee or applicant so that the  employee might be able to perform the essential tasks of the job.  

In this instance, the employer has to assess the capacity of the applicant to perform the  job and what adjustments to the job description might be necessary. Further, a full and  frank discussion of the applicant’s ability is necessary when it might otherwise be  improper.  

In any case, it is the responsibility of the applicant to ask for accommodation, and this is  the legal means by which the employer is able to conduct a discussion that might  otherwise be improper. 

What Are the Topics and Interview Questions an Employer can’t Ask in a Job Interview? 

There are many interview questions not to ask candidates. These generally involve  matters that fall within protected categories under employment law. Thus, questions you  can’t ask in an interview include the following: 

● Age of the applicant 

● Genetic information about the applicant 

● Birthplace, citizenship, or national origin of the applicant 

● Disabilities 

● Gender or sexual orientation 

● Marital status 

● Family or pregnancy matters

● Race or ethnicity 

● Religion 

All of these are protected categories under federal employment law, and it is improper to  ask questions about them except in certain narrow circumstances, such as compliance  with the Americans With Disabilities Act or the statistical information gathering required  by the EEOC. 

In New Jersey, state law forbids a line of job interview questions permitted elsewhere. An  employer cannot ask questions about a job candidate’s wage or salary history, or  employment benefits.  

This law is new in the state, having gone into force in 2020. Not all employers may realize  the topic is now off-limits. 

How to Answer Illegal Questions? 

If you are asked an illegal question during an interview, stop and reflect for a moment  before answering. Oftentimes, an interviewer might not be aware that the question posed  is an improper one to ask. The question might be perfectly innocent or a misguided  attempt to make small talk. 

If you decide that is the case, you can change the subject and decline to answer. If you  decide to challenge the interviewer, do so respectfully and courteously.  

It is illegal for a prospective employer to retaliate against you if you object to an  inappropriate question. You may decide to seek a different job or to look for other  opportunities. If you decide to continue with the application process, write the question  down, and keep a record of it.

Do You Have a Complaint About Your Interview? 

If, on the other hand, you decide to file a complaint, you may wish to consult with employment attorneys in NJ. Ashton E. Thomas Esquire, an employment lawyer in New Jersey, has extensive experience in representing clients subject to inappropriate job  interviews. His firm can assist you in deciding the steps you should take in dealing with  improper job interview questions. Call today for an appointment.