When you’re sitting across from a potential employer during an interview, you should expect questions about your skills, experience, and suitability for the role. Unfortunately, for many job seekers, interviews can include questions or behaviors that cross the line into illegal discrimination.
Discrimination during a job interview occurs when employers make hiring decisions based on “protected characteristics” — race, age, gender, religion, disability, or national origin — instead of a candidate’s qualifications. This practice isn’t just unethical, but often illegal. Understanding how to identify discriminatory practices and knowing your rights can empower you to address unfair treatment and possibly seek recourse through interview discrimination lawsuits.
The workplace discrimination attorneys at Barrett & Farahany will cover what interview discrimination is, examples of discriminatory questions, how the law can protect job seekers, and steps to take if you’re subjected to discrimination.
What is Interview Discrimination?
Interview discrimination refers to any biased behavior or question that directly or indirectly impacts a candidate’s chance of being hired based on protected characteristics. Such practices undermine the principle of fair hiring and perpetuate workplace inequalities, leaving job seekers feeling disheartened and powerless.
Discrimination can take many forms, ranging from outright discriminatory questions about your age or marital status to subtle behaviors that reflect biases. Recognizing these practices is the first step toward addressing them.
Examples of Discriminatory Interview Questions
Federal laws, like Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act (ADA), establish clear guidelines for what constitutes discriminatory behavior in interviews. Here’s a breakdown of some common types of discriminatory questions and why they are problematic:
Age-Related Questions
- “How old are you?”
- “When did you graduate high school?”
- “Are you planning to retire soon?”
These questions suggest that your age — not your ability to perform the job — is a factor in the hiring decision. Age-related discrimination disproportionately impacts older workers and directly violates the Age Discrimination in Employment Act (ADEA).
Race/Ethnicity Questions
- “What is your ethnic background?”
- “Where are you originally from?”
These questions can imply biases toward certain nationalities and may suggest that your ethnicity impacts your eligibility for the role, which is illegal under Title VII.
Gender/Sexual Orientation Questions
- “Are you married?”
- “Do you plan to have children?”
- “What is your sexual orientation?”
Questions about marriage, family planning, or sexual orientation are inappropriate and designed to discriminate, particularly against women or members of the LGBTQ+ community.
Religion-Related Questions
- “What religion do you practice?”
- “Do you observe any religious holidays that might interfere with work?”
Questions about religious practices may be discriminatory and conflict with your right to reasonable accommodations for faith-based practices.
Disability Questions
- “Do you have any disabilities?”
- “How does your disability affect your ability to work?”
Employers cannot ask about health conditions or disabilities unless accommodations are relevant to the job. Questions that test your physical abilities should focus on job requirements, not your medical history.
What is Indirect Discrimination?
While some forms of discrimination may seem blatant, others are less obvious but equally harmful. Indirect discrimination includes behaviors or interview processes that disadvantage a certain group. Examples of indirect discrimination include:
- Making negative remarks about someone’s accent based on their national origin.
- Interrupting a female candidate more frequently than a male candidate.
- Assuming someone is unqualified for a role due to their appearance, attire, or age.
- Asking only female candidates about childcare arrangements.
- Expressing a preference for younger candidates, limiting opportunities for older professionals.
These behaviors may not manifest in direct questions, but they contribute to an inequitable hiring process. Indirect discrimination is often harder to identify and even harder to address.
The Legal Perspective on Interview Discrimination
It’s important to note that intentional or unintentional discrimination is not just unfair—it can result in legal repercussions for employers. Here are some of the key legislative protections for job seekers in the United States:
Notable Lawsuit Cases
In EEOC v. Abercrombie & Fitch Stores, Inc. (2015), a job applicant was denied employment because she wore a hijab, violating Title VII protections against religious discrimination.
Encouraging Fair and Lawful Hiring Practices With Help From Barrett & Farahany
Job interviews should be an opportunity to prove oneself, not a chance to overcome discriminatory practices. Understanding your rights and recognizing biases in hiring processes are critical for navigating the modern workplace.
If you encounter discriminatory practices, remember that you are not powerless. By staying informed, documenting incidents, and seeking legal support from the attorneys at Barrett & Farahany, we can help you protect yourself and advocate for a fair hiring process.
No one should have to endure hiring discrimination while trying to find a job. Contact us today to schedule a consultation.
