If you get an interview, it’s important to know that the prospective employer can’t just ask you any questions they want. There are some topics that are prohibited, and asking these questions could even be illegal.
That said, there are some ways that employers can get around these barriers, so it’s important for employees to know what to expect and when their rights may have been violated. Let’s take a look at a few examples.
Family status
To start with, an employer cannot ask you if you are married, if you have children or if you plan to have children in the future. This could lead to something like pregnancy discrimination. That said, they can ask if you’re willing to work overtime or willing to relocate, allowing you to decide on your own if there are family-based conflicts with these requirements.
Questions about age
There are protections in place for workers who are over 40 years old, so directly asking someone about their age may be prohibited. An employer can’t ask what year they were born or how old they’ll turn on their next birthday.
Questions about citizenship or nationality
Finally, it’s illegal for employers to discriminate on the grounds of ethnicity, national origin and things of this nature. For instance, it may be illegal for them to ask what accent a person has, where their parents were born, what native language they speak or even if they’re a U.S. citizen. That said, the employer is allowed to ask if the employee is authorized to work in the United States. An immigrant may have the correct work visa and be appropriately authorized, so employers can check for this authorization without asking about their country of origin.
In some cases, employers violate these regulations and the employee’s rights. If you believe this has happened to you, be sure you know what legal options you have.