Questions Employers Cannot Ask in an Interview

October 23, 2019

Every employee in the country has employee rights that employers cannot violate. If you are an employee, be sure to know these rights for yourself. If you are an employer be sure to always keep your potential employees and current employees’ rights in mind both during and after the interview and hiring process.
In order to avoid violating an employee’s rights, employers need to avoid asking certain questions during the interview process. If you have a feeling that a question may be discriminatory or illegal – do not ask. You should keep in mind that there are protected classes.

Topics Employers Must Stay Away From

When it comes to discrimination, businesses are usually subject to both federal and state laws. The laws enforce that employers cannot discriminate based on an individual’s:

  • Age

  • Citizenship

  • Color

  • Mental or physical disability

  • Origin

  • Race

  • Religion

  • Sex

  • Veteran Status

Employers need to avoid asking these questions both directly and indirectly. For example, an employer may understand to avoid directly asking a prospective employee their age. However, asking the question: "When did you graduate high school?", is an indirect way of asking the same thing. If the employer brings up any of these topics during an interview, the applicant can decline to answer.

Exceptions can be made if the questions are about a “bona fide occupational qualification”. That’s according to the U.S. Equal Employment Opportunity Commission (EEOC). For example, an owner of a bar can ask a bartender applicant his or her age - as Florida law requires bartenders to be at least 18 years old.

Contact The Ticktin Law Group if Your Rights Have Been Violated

If you feel your rights have been violated by your employer during any stage of the interview process, you may have an employment law case on your hands.

The Ticktin Law Group works with both employers and employees in Employment and Labor Law Matters. Whether you are an employer that is unfairly facing litigation or an individual whose rights have been violated by an employer, it's best to contact our knowledgeable employment law attorneys. The Ticktin Law Group offers complimentary consultations to assess your case and determine your options. To schedule a consultation, call (561) 232-2222 or complete our convenient contact form here.