The following questions are not allowed by law although many employers still ask them. It is up to the candidate to answer them or side step any prohibited interview questions.
- Do you have a disability?
- How many children do you have?
- What is your religion?
- What is your sexual orientation?
- Are you married?
- How old are you?
- What is your ethnic group or race?
The above questions can all be used to discriminate against candidates and as such need not be answered.
Which types of questions are legal ??
Questions related to the function of the job for instance driving ?
Questions regarding your experience and competency
- Character and personality traits
- Knowledge testing
- Skills assessment
- Education related questions.
Do I have to disclose a disability?
The withholding of information that can have a direct bearing on your ability to perform in a specific job can lead to you being fired legally. It is thus better to disclose information, rather than withholding it.
If I were unemployed for a period due to disability, should I answer the question about the gap in my work history?
Any question that can lead to discrimination is in effect prohibited, but asking about a gap in your work history as such is not illegal although technically it will lead to disclosure of the information about your disability. You thus need to decide how to answer the question without the possibility of being discriminated against.
Unlawful discriminatory questions regarding disabilities include:
If a prohibited question is found on a job application form, should I report it or just not complete the form?
You can leave the space blank and notify the specific manpower division in your country about the question and ask them to keep your identity hidden.
If I refuse to answer prohibited interview questions, and as a result don't get the job, what should I do?
You can approach a human rights or labor law attorney, but keep in mind that it is rather difficult to proof that you didn't get the job based on your refusing to answer the prohibited questions.
If I wasn't hired because of discrimination on the grounds of a disability how do I proof it?
It is rather difficult but you must prove that you are disabled, qualified and experienced as well as fit the profile for the job perfectly. The employer needs to prove proof that the decision was made on other grounds than your disability. This also counts for any other base of discrimination whether it is on the grounds of race, color, sex, etc.
Age related prohibited questions include:
When an employer structures these questions in the following ways they are still legal:
Marriage related questions that can be used to discriminate against women include:
Legal ways of structuring these questions include:
Questions regarding personal physical traits are prohibited unless the job requires a specific physical capability. Prohibited questions include:
A legal alternative is for example:
Nationality, race, or ethnic group discrimination questions include:
Alternative legal ways to structure these questions include:
Questions about criminal convictions
An employer may not discriminate against a candidate based on past unrelated criminal convictions, but may refuse employment based upon a current criminal conviction or pending judgment. The employer may also refuse employment if the past conviction is directly related to the type of job applied for.
An employer may not ask the reason for discharge, but may ask questions related to military service. An example of a prohibited question is:
Membership of organizations
Questions regarding affiliations are prohibited if the intention is discrimination. Examples of prohibited questions include:
Legal alternatives include for example:
Discrimination based on religion
An employer may not discriminate against a candidate on the grounds of religious affiliations which limit the days of a week that an employee may work. The employer can however, refuse employment if those specific days are vital for business operation. All the questions referring to religion are prohibited. An employer can enquire whether the candidate can work on specific days.