Much has been written about discrimination in the workplace, but one form of discrimination that people may be less familiar with is that which occurs during the interview process. Interviews can be stressful, so sometimes you may not notice that certain questions you were asked were meant to filter out employees in a way that is considered discriminatory.
Obviously, denying work opportunities on the basis of age, race, religion, sex, or disability is considered discrimination, and an interviewer is not allowed to ask any questions related to these characteristics. However, there are questions you may be asked that seem innocuous and you might not immediately identify as discriminatory. Employers are not legally allowed to ask questions like:
- Are you married, or are you planning to be?
- Do you have children? Do you plan on having children?
- Where do you go to church?
These questions are not allowed because they are meant to determine things about you which may lead to you unfairly being denied the employment possibility. However, it is also important to realize that potential employers are allowed to ask you questions specifically related to your ability to perform the job, such as:
- Have you ever been convicted of a crime?
- Are you legally allowed to seek employment in the United States?
- Are you able to perform this job without unreasonable accommodations?
These questions are meant to determine that you are capable of performing the job in question and are not considered discriminatory.
If you or someone close to you has been the victim of discrimination in the workplace, contact the Austin employment lawyers of The Melton Law Firm by calling 512-330-0017.