What You Can – And Cannot – Ask In Job Interviews
by Stephanie Thomas Wednesday, June 02, 2010
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Dr. Stephanie R. Thomas is the Director of the Equal Employment Advisory and Litigation Support Division of Minimax Consulting. Dr. Thomas specializes in the application of economic and statistical theory and methodology to questions of liability and damages arising in employment discrimination litigation. She has testified as an economic and statistical expert in federal and state courts throughout the country. Dr. Thomas has served as an economic and statistical consultant for the U.S. Department of Justice, the Federal Bureau of Investigations, major financial services firms, and Fortune 500 companies.
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You would think that with last week’s verdicts in Velez v. Novartis – compensatory damages estimated at $1 billion, and $250 million in punitive damages – gender discrimination would be in the forefront of minds across the country. Apparently this is not so.
My friend Holly is in the job market, and had an interview yesterday. Last night she gave me the post-mortem on the interview, and I have another real-life example of hiring managers asking inappropriate questions. The interview began with a discussion of my friend’s education and employment history. Everything was going well until 15 minutes into the interview when the hiring manager – we’ll call her Ms. X – began the following line of questioning:
Ms. X: You have the background and qualifications we’re looking for, but I’d like to get some more information about you as a person.
Holly: Sure. What would you like to know?
Ms. X: Do you have children?
Holly: Um...yes. I have a 9 year old daughter and a 6 year old son.
Ms. X: Oh, I see...And are you the main person who takes care of them, or do you have a husband who helps out?
Holly: My husband and I both take care of our children. He has a flexible work schedule, so he attends to most of their needs during the day, while I’m working.
Ms. X: Oh...OK. Well, we have a lot of candidates for this position, so thanks for coming in and we’ll be in touch.
I’m continually amazed at the inappropriate – and illegal – questions that are asked in job interviews. Holly was asked about her marital status and whether she had children. A couple of years ago, I was asked by a recruiting firm (a) how old I was, (b) whether I had children, and (c) if I was planning on having any children in the future.
These kinds of questions – and others about protected class information – are an open invitation for employment lawsuits. Anti-discrimination laws prohibit employers from asking job seekers information that would disclose their protected status. Title VII prohibits discrimination based on race, color, sex, national origin or religion. It has recently been extended to include discrimination on the basis of pregnancy, sex stereotyping, and sexual harassment. The Americans With Disabilities Act prohibits discrimination based on disability; employers may not inquire about disability prior to an offer of employment. The Age Discrimination in Employment Act prohibits discrimination based on age, and offers particular protection for individuals age 40 and older.
Employers simply cannot ask questions about protected status. Those that do are inviting discrimination claims and taking a very big risk. Know what you can – and cannot – ask in job interviews.
Dr. Stephanie R. Thomas is the Director of the Equal Employment Advisory and Litigation Support Division of Minimax Consulting. Dr. Thomas specializes in the application of economic and statistical theory and methodology to questions of liability and damages arising in employment discrimination litigation. She has testified as an economic and statistical expert in federal and state courts throughout the country. Dr. Thomas has served as an economic and statistical consultant for the U.S. Department of Justice, the Federal Bureau of Investigations, major financial services firms, and Fortune 500 companies.
Dr. Thomas has also addressed various legal groups on the topics of statistical evidence of discrimination and economic damages. Dr. Thomas has written several papers published in professional journals and was invited to address the American Social Sciences Association and the Eastern Economics Association.
Prior to joining Minimax Consulting, Dr. Thomas was a Principal in the Labor and Employment group at LECG, LLC. She was also a member of the Faculty of the College of Arts and Sciences at New York University, where she taught courses on economic theory and econometrics. She received an outstanding teaching award in recognition of excellence in undergraduate teaching from New York University, as well as a student recognition award from the New York University Economics Association.
Dr. Thomas holds her BA in economics from Elmira College and her MA and Ph.D. in economics from The New School for Social Research with a concentration in macroeconomic modeling. She received the Center fr Economic Policy Analysis Dissertation Fellowship and the Edith and Henry Johnson Memorial Commencement Award for Outstanding Dissertation.
My friend Holly is in the job market, and had an interview yesterday. Last night she gave me the post-mortem on the interview, and I have another real-life example of hiring managers asking inappropriate questions. The interview began with a discussion of my friend’s education and employment history. Everything was going well until 15 minutes into the interview when the hiring manager – we’ll call her Ms. X – began the following line of questioning:
Ms. X: You have the background and qualifications we’re looking for, but I’d like to get some more information about you as a person.
Holly: Sure. What would you like to know?
Ms. X: Do you have children?
Holly: Um...yes. I have a 9 year old daughter and a 6 year old son.
Ms. X: Oh, I see...And are you the main person who takes care of them, or do you have a husband who helps out?
Holly: My husband and I both take care of our children. He has a flexible work schedule, so he attends to most of their needs during the day, while I’m working.
Ms. X: Oh...OK. Well, we have a lot of candidates for this position, so thanks for coming in and we’ll be in touch.
I’m continually amazed at the inappropriate – and illegal – questions that are asked in job interviews. Holly was asked about her marital status and whether she had children. A couple of years ago, I was asked by a recruiting firm (a) how old I was, (b) whether I had children, and (c) if I was planning on having any children in the future.
These kinds of questions – and others about protected class information – are an open invitation for employment lawsuits. Anti-discrimination laws prohibit employers from asking job seekers information that would disclose their protected status. Title VII prohibits discrimination based on race, color, sex, national origin or religion. It has recently been extended to include discrimination on the basis of pregnancy, sex stereotyping, and sexual harassment. The Americans With Disabilities Act prohibits discrimination based on disability; employers may not inquire about disability prior to an offer of employment. The Age Discrimination in Employment Act prohibits discrimination based on age, and offers particular protection for individuals age 40 and older.
Employers simply cannot ask questions about protected status. Those that do are inviting discrimination claims and taking a very big risk. Know what you can – and cannot – ask in job interviews.
Dr. Stephanie R. Thomas is the Director of the Equal Employment Advisory and Litigation Support Division of Minimax Consulting. Dr. Thomas specializes in the application of economic and statistical theory and methodology to questions of liability and damages arising in employment discrimination litigation. She has testified as an economic and statistical expert in federal and state courts throughout the country. Dr. Thomas has served as an economic and statistical consultant for the U.S. Department of Justice, the Federal Bureau of Investigations, major financial services firms, and Fortune 500 companies.
Dr. Thomas has also addressed various legal groups on the topics of statistical evidence of discrimination and economic damages. Dr. Thomas has written several papers published in professional journals and was invited to address the American Social Sciences Association and the Eastern Economics Association.
Prior to joining Minimax Consulting, Dr. Thomas was a Principal in the Labor and Employment group at LECG, LLC. She was also a member of the Faculty of the College of Arts and Sciences at New York University, where she taught courses on economic theory and econometrics. She received an outstanding teaching award in recognition of excellence in undergraduate teaching from New York University, as well as a student recognition award from the New York University Economics Association.
Dr. Thomas holds her BA in economics from Elmira College and her MA and Ph.D. in economics from The New School for Social Research with a concentration in macroeconomic modeling. She received the Center fr Economic Policy Analysis Dissertation Fellowship and the Edith and Henry Johnson Memorial Commencement Award for Outstanding Dissertation.