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Have You Been Discriminated Against During A Job Interview?

On Behalf of | Jan 23, 2019 | Employment Law

If you are looking for a new job, you may attend several interviews. While interviews can be nerve-wracking and intimidating, you should not need to deal with any discrimination. Unfortunately, discriminatory practices during interviews is a reality. Discrimination at a workplace can take various forms during any part of the process, including pre-employment.

But what exactly does a discriminatory question sound like? How do you prove you are a victim of discrimination? What action can you take if the employer denies you the job because of discrimination? There are answers to these questions below. 

Off-limit questions

There are certain topics an interviewer should not ask you about, including the following:

  • Race
  • Color
  • National origin
  • Religion
  • Sex
  • Gender
  • Sexual orientation
  • Pregnancy
  • Age
  • Disability

However, there are important caveats to note. The only topic that federal and state laws prohibit questions about is a disability. The other subject matter is not necessarily illegal for an employer to broach. But if an employer asks you questions about these issues, you may be able to use it as evidence of an intent to discriminate. 

Unfair tests

Certain employers make job applicants take tests to determine who is competent for a position. Tests are fine as long as they specifically relate to the job. If the employer tests you for something that is not relevant to business needs or job performance, it may be discrimination. 

Failure to make reasonable accommodations

If you have a disability and tell the employer about it during the interview or the employer makes an offer, you may need to undergo a medical examination. The employer must determine whether your disability impacts your ability to perform the job duties. Then, the employer must make reasonable accommodations as long as they do not cause expense or difficulty. 

It is not always easy to figure out if you experience discrimination at a job interview, but knowing your rights can help you connect the dots.