6 Questions Employers Cannot Ask During Interviews

interviewNH Employment Interviews – Not every question is “fair game” in a job interview.  Some questions that prospective employers pose to job candidates in interviews violate the law.  What types of questions might you face in a job interview that could infringe on your legal rights?

An employer cannot ask you if you have children, if you are married, or if you are pregnant or planning to become pregnant.

Interview Questions Regarding Children

A question seeking information about your children may constitute Family Responsibilities Discrimination—a type of sex discrimination prohibited by Federal law.  The question is prohibited because the employer may infer from the fact that you have children that you have family responsibilities that may detract from your commitment to the workplace.

Interview Questions Regarding Marital Status

Questions on marital status are forbidden during an interview.  The New Hampshire Law Against Discrimination provides that an employer cannot refuse to hire or employ an individual because of the individual’s marital status.

You Cannot Be Asked If You Are Pregnant

Similarly, an employer cannot ask if you pregnant, or planning to become pregnant, because such questions constitute pregnancy discrimination.  Employers are not entitled to decline to employ an applicant because the employee may require maternity leave or may have child care commitments in the future.

You Cannot Be Asked Your Age

Questions about your age also cross the line.  Federal law protects workers over the age of 40 from age discrimination, while State law prohibits all discrimination because of age.

You Cannot be Asked Your Race, Religion or National Origin

People interviewing for jobs should also not have to face questions regarding their race, religion or their national origin.  The employer can ask if you are a United States citizen, and can ask you if you can work in the United States, but questions regarding the countries in which you or your parents were born constitute illegal national origin discrimination.

If you believe you have been asked illegal questions in an employment interview, you should consult an experienced employment discrimination lawyer such as Benjamin T. King at Douglas, Leonard & Garvey, P.C. to evaluate your rights.  Attorney King can be reached at 603-224-1988.



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