Discriminatory Job Interview Questions to Avoid

Asking discriminatory job interview questions is a factor of recruitment intolerable to Job Seekers. As with any form of discrimination, posing prejudiced interrogation to candidates is questionable by law and certain to lead to penalty.  There are legal and illegal questions that interviewers may pose to Job Seekers during a job interview that will determine the integrity of the recruitment agency and define their success in making placements.

The key during any phase of the recruitment process is for employers and interviewers to keep in mind the purpose of recruitment; finding the ideal Job Seeker to service the vacancies long term requirements. Successful recruitment is not about being the fastest (although time to hire does play its part) but rather to find the most sustainable skills to fill and maintain the job requirement.

Job Seekers are becoming more empowered and in fact are encouraged to protect their recruitment rights. Recruiters and interviewers need to be aware that if pushed a Job Seeker can and will retaliate against prejudices and discrimination. Great care needs to be taken by interviewers when meeting a candidate for the first time. Job Interview questions need to be well thought out and prepared ahead of time and Recruiters need to steer clear of asking discriminatory job interview questions.

Many Recruiters are simply unaware of the consequences of posing discriminatory interview questions to informed Job Seekers. While ignorance may be bliss in some cases, Recruiters must be aware that the company will be held legally liable if found guilty of discrimination.

Recruiters must remember when interviewing a candidate, the purpose of such a meeting is to establish whether or not the candidate will be able to deliver based on the requirements of the job function. Culture and corporate fit is important, however a candidate may not be discriminated against based on any other factor other that whether or not they are able to perform the roles required tasks.

It is true to say that there are interview questions that are unlawful to ask and may not be posed and others that may be asked but must be done so with sensitivity caution and transparency. To follow is a list of job interview questions that may be considered to be discriminatory by Job Seekers. Some simply may never be asked and others may be addressed but with sensitivity the correct wording and delivery.

What is your HIV status?

Unless this is a medical requirement of the specified job function (e.g. contact sportsmen/ women) the answer to such a question will have no impact on the Job Seekers ability to deliver on required task within the given role. Asking a candidates HIV status is discriminatory on a constitutional as well as labour act level.

What Religion do you Practice?

A person's religious belief has no relevancy on their ability to perform within their role. As a basic human right we are all allowed to practice whichever religion we choose to and it is every employer's responsibility to be aware of this and make the necessary allowances for such.

What is your Sexual Orientation?

Once more, asking personal questions, both discriminatory and non discriminatory that holds no relevancy to a person's ability to perform a specific job function is questionable and considered prejudiced. Enquiring after a candidates sexual orientation is not only irrelevant but completely discriminatory in terms of the labour act as well and the basic constitution. This question will not be tolerated by any person, Job Seeker or not.

What is your Marital Status?

While this question is not illegal, it can be considered to be discriminatory if the Recruiter bases the placement of the Job Seeker on whether they are married or single. Interviewers will often ask such a question as a means to breaking the ice or making general conversation with a candidate. Interviewers must be aware that should the candidate not be placed in a role after being posed such a question, this could very well come back to bite Recruiters if there is any evidence that the candidate did not get the job based on their marital status.

Do you have Children?

As with the above question regarding a candidate's marital status, this is often asked as a form of 'easy conversation' and to get to know the candidate a little better. This too is not an illegal question to ask during a job interview, however, if a candidate has any evidence proving that they were unsuccessful in filling the vacancy based on the outcome of this question, the interviewer may be held liable if not able to prove otherwise.

How Old Are You?

This is a sensitive job interview question to pose in the sense that a candidate may only be refused to opportunity to fill a vacancy based on their experience as opposed to their age. This may be argued by many Recruiters and should be considered on a case by case basis. Provided that equal employment opportunity is being given to each candidate based on the experience, skill and ability to perform a specific job function, fair and just recruitment will naturally follow suit. As with the stereotypical 'young inexperienced secretary' getting the job before the 'middle-aged, experienced secretary', age discrimination applies to those vacancies where 'a mature' person with fewer qualification is placed before the 'younger' more qualified candidate. Age discrimination works both ways but provided the most relevant candidate is placed based on skill, qualification, experience and ability to perform the function, this can be avoided.

Are you South African?

Recruiters always argue that this question is not discriminatory, however the way in which it delivered is. Xenophobia is not something new to South Africa. In fact just by saying this word should illustrate the reason why asking if a candidate is South African or not is a problem. Yes, a candidate is required to have the necessary work permits and permission to work within a given country, a candidate country of origin plays no part in their success within a given role. Recruiters should not ask from what country they are from, but rather whether they have the necessary work permits in order to be employed by a company within the given country.

Recruiters need to be constantly aware of the questions that they pose to Job Seekers during a job interview. Whether they form part of the battery of structured job interview questions or general conversation, should a Job Seeker feel discriminated against they are equipped with knowledge resources and means to taking action against careless interviewers. The best and in fact only way Recruiters can ensure that disgruntled Job seekers do not retaliate against innocent mistakes is through sound preparation. The better informed and the more prepared a Recruiter is ahead of an interview, the more positive the outcome.

Author: Gillian Meier, CEO of Jobs.co.za