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interviewing - what CAN'T be asked
Gender
- Hiring persons based on whether they are men or women is unlawful. Assuming
that women cannot perform the duties of a job should be avoided. Instead,
women should be allowed to prove they can perform the duties of the
position.
Ethnic Origin
- Any information about an applicants origin should not be asked for. This
includes information about applicant's place of birth, or spouse.
Conviction
- A judgment can be made on a conviction record other than an arrest record,
because a conviction is an indication of guilt. Although, if you are
hiring a person to park cars, a conviction of grand theft auto would be
relevant, whereas a failure to pay rent that was brought to court would not
be relevant.
Age
- Questions about an applicants age or date of birth should be avoided.
However the question may be used to retrieve information to comply
with the child labor law. For example - "Are you under 18?"
Pregnancy
- Discrimination based on pregnancy or childbirth is illegal. Questions
regarding family plans, and birth control techniques can also be
discriminatory because they are not also asked to men.
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