Many employers want to learn more about their employees. However, many questions are not innocent. Some questions may be discriminatory in nature.
Whether an employer is asking an employee questions during a job or potential employees during interviews, certain questions violate people’s protective rights. Employers and employees should be aware of questions that are not acceptable at work:
Where are you from?
This could be a targeted question to learn whether an employee is from the United States or what race they may be. Where a person is from and their race does not inhibit an employee from doing their job or providing useful skills to a workplace. An employee should never be asked about their race, color or national origin.
Do you have any medical limitations?
An individual’s medical condition typically does not impact their skills or experience. An employer who asks an employee if they have any limitations because of a medical condition may be looking for a reason to not hire them. Employees are entitled to reasonable accommodations at their workplace to help with their medical limitations. Being rejected for a job because of a medical condition could be a form of discrimination.
Do you plan to start a family?
Many people ask others the seemingly innocent questions of whether they see their future with another person or with children. While this may be an acceptable question outside of work, it can be an invasive question from an employer. These questions may be used to discover whether someone plans on getting married, what their sexual orientation is and whether they are planning on a pregnancy, which could then lead to discrimination.
What religious days do you need off?
There are many different religions in the United States. Employees are entitled to protection from religious discrimination. This means that employers may be required to provide reasonable accommodations so that employees can practice their religion. However, employers can not ask employees about their religion, especially to learn about what days they would take off for religious holidays. Discussing an employee’s religion can be highly discriminatory.
If an employee is asked an invasive question, it could endanger their safety. An employer or business could face liability issues for discriminatory actions. Legal guidance can help individuals protect their legal rights.