Discriminatory Job Interview Questions

Top Ten Job Interview Questions that Recruiter's shouldn't ask.

Fairness and equality is a theme that is ever present in recruitment. South African labour legislation plays the 'Big Brother' role when protecting employees against discrimination.

There are certain questions, as regulated by government that recruiters are not allowed to ask interviewees.

Such interview questions are typically regarded as prejudiced and discriminatory. It is HR's responsibility to ensure that unfair job interview questions are never posed to a candidate by the line manager or interviewer during a job interviewer. If exercised, biased job interview questions may be reported to the CCMA and the employer may be held liable for damages.

Some employers may not be savvy to such discriminatory questions and others may simply be pushing their luck. Job Seekers are responsible for protecting their recruitment and employment rights. Interview questions should relate directly to the inherent requirements of the job description for which the Job Seeker is being interviewed for.  The purpose of the interview is to establish whether the job applicant is able to deliver on the requirements of the specific job vacancy. Any questions that hold no relevancy to the job seeker's ability to perform specific tasks are regarded as irrelevant. Read more about the Top Ten Most Discriminatory Job Interview Questions to protect your recruitment rights:

Question One: What is your HIV Status?

Under no circumstances may this job interview question ever be posed. Unless medically relevant in cases such as athletes involved in contact sports, HIV status is irrelevant to employment. Always be quite comfortable with the way in which you proceed when posed with this question. This is in every respect an illegal question for a recruiter to ask and the way you choose to react is your right.

Question Two: What religion do you practice?

Regardless of what type of vacancy, a candidate's religious belief holds no relevancy to their 'recruit-ability'. Religious followings and traditions should never be questioned during a job interview or at any stage of employment. A candidate may not be denied an employment opportunity based on their personal belief system. The only instance where this question may be posed is if you are applying to a position of priest or pastor within a particular religion or denomination.

Question Three: How old are you?

Regardless of a candidate's age, it is their experience and expertise that should secure their employment. To ask a candidate their age is an unfair job interview question. Successful employment should rely on a candidate's skill, qualifications and experience.

Question Four: What is your sexual orientation?

Asking a candidate if they are homosexual is discriminatory on the most basic level. Not only what candidates do outside of office hours is immaterial, so is their sexual orientation. Legally this question constitutes as sexual discrimination.

Question Five: What is your marital status?

Again, asking questions that pertain to a candidate's personal life is inappropriate and prejudice. While these questions are mostly ice breakers, should a candidate be discriminated against based on their marital status, this may be reported to authorities. By no means does a candidate's marital status determine their ability to perform a task.

Question Six: What is your family situation?

Asking this question will answer nothing about job seeker ability. Whether a job seeker has a family or not or plans on having one in future has no bearing on their ability to work. Everyone has a right to privacy and you are entitled not to comment.

Question Seven: What disabilities do you have?

In certain instances an employer will need to know what disabled employees requirements are in order to provide a suitable working environment. However, discriminating against a candidate based on their disability is unacceptable. Candidates will need to use their discretion when posed with such questions. Be sure to be comfortable with the questions that are being asked without be discriminated against.

Question Eight: Where do you live?

It is not so much that this question is discriminatory but rather unfair to ask candidates their commuting details. What the employer may be getting at is that the candidate will have to comply with working hours and the regulation thereof. Often employers ask this question not to be discriminatory but to rather assess if there will be any problems with transport. Should a candidate choose to travel lengthy distances in order to get to work, that is their own choice. A recruiter's only concern should be that the candidate is aware of hourly requirements.

Question Nine: Are you a South African Citizen?

Neither your nationality, nor your citizenship holds any relevancy during a job interview. All that is relevant is whether or not you are permitted to work within the boundaries of a country. Each country will have their own working permissions. Provided that a candidate has relevant proof that they are entitled to work, this is all that should be relevant.

Question Ten: Have you ever been arrested?

This is a tricky question for an interviewer to ask. Based on the requirements of the role, job interviewer may or may not be permitted to ask such a question. While this question is generally considered to be discriminatory, in certain industries such as banking and financial services, this question is relevant. Only under employment situations where fraud and embezzlement may exist would such a question apply.  Even so, in this industry the question should rather be posed as ‘Have you ever been arrested for financial fraud or embezzlement?' If the interviewee has been arrested as a teenager for driving under the influence, as a mature adult this transgression has no relevance on the job and should not be held against the job seeker during the application process.

Job seekers should always be aware of the dangers they may be faced with in the job market. While most employers refuse to entertain such recruitment behaviour, there are a few who will try. Know your recruitment rights and ensure that you are awarded with the same opportunities as everyone else.

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