Which of the following Questions Would Raise Legal Concerns If Asked during an Interview

Which of the following Questions Would Raise Legal Concerns If Asked during an Interview

In all cases, the candidate must be given an appropriate confidentiality policy prior to conducting the interview. Employers cannot ask questions that could lead to discrimination, such as if an applicant is pregnant or planning to have children. Employers also cannot request information that is not relevant to the position, such as a pay slip from the candidate`s former employer to find out their previous salary. More general questions may also be inappropriate as they may reveal protected information. Examples: As part of the preliminary examination of the applicant`s professional qualifications, the employer may request certain information from the respondent. However, questions asked by the employer during interviews must comply with general restrictions on the purpose and use of candidate information. The use of this information is strictly limited to the purpose of the employer`s analysis of the candidate`s professional skills and qualifications and suitability for the position. The employer may also request this information from the previous employer, but only in relation to the activities carried out during that employment relationship, subject to prior notification of the prospective employee. «There are a number of issues that are just taboo in a job interview, and they`re all related to discrimination and have nothing to do with the candidate`s ability to do the job,» said Jana Tulloch, a human resources consultant at DevelopIntelligence, a Boulder-based technical software development company. Any question relating to sexual orientation, marital status, religion, etc. is a no-go. As part of the recruitment process, the employer may only ask a candidate (and other persons) to provide information directly related to the conclusion of the employment contract and not contrary to morality. The objective of the interview is to determine whether the candidate`s profile meets the recruitment criteria.

According to the general principle of «data minimization» of the GDPR, employers can only request information relevant to this function. Therefore, the candidate`s privacy must be protected and questions relating to the candidate`s private life are only justified if they are relevant to the nature of the advertised employment. As mentioned above, although these guidelines do not have the force of law, all Singapore-based organisations are expected to comply with them and respondents can report unfair or discriminatory interview processes to TAFEP. — whether the applicant has a physical or mental disability (for more formal guidance on disability-related issues prior to employment, see: www.eeoc.gov/policy/docs/preemp.html); Employers should avoid potentially discriminatory problems. This includes issues of distinction, exclusion or preference based on race, colour, sex, age, marital status, religion, political opinion, nationality and ethnic or social origin that could affect equal opportunities or equal treatment. With regard to women, the Gender Equality Act prohibits employers from requiring pregnancy tests or an agreement that the applicant will not become pregnant during employment. Interview questions on these topics are not explicitly prohibited, but are likely to be considered evidence of discrimination by the competent authorities. (An exception applies to jobs or positions that are prohibited by the nature of the work or special working conditions for pregnant or breastfeeding women. Interview questions about pregnancy or intent to become pregnant are permitted in these cases.) — questions about the applicant`s financial situation; «Taboo topics are not blatant violations of laws, but they can tend to take the conversation into illegal territory or put the employer in a bad PR light,» Vethan said.

Here are some examples of taboo topics: These are not legally prescribed topics that an employer may or may not ask during a job interview, but in practice, all questions should be about the candidate`s professional skills and experience. Questions about the candidate`s private life should be avoided. Employers may not ask questions on discriminatory criteria such as gender, race, nationality, ethnic origin, human genome, citizenship, origin, religion or belief, education, political affiliation, personal or social status, disability, age, sexual orientation, marital status or wealth, unless required by law. Therefore, it is advisable to avoid the following questions during a job interview: The employer must demonstrate that the questions are not intended to obtain information other than that which is essential for assessing a candidate`s qualifications for the job. It is therefore in the employer`s interest to carefully review all procedures used for the selection of job applicants and to eliminate or modify any procedures not justified by the needs of the company. According to the guidelines of the Gender Equality Commission, issues that directly discriminate on the basis of sex, marital status, race, religion, marital status or disability should be avoided. Issues indirectly related to these categories may also constitute unlawful discrimination. Questions should be directly related to the requirements of the job. And according to this LinkedIn article, there are many more problematic interview questions.

For example, Tulloch said an employer should never ask in an interview, «Do you plan to start a family soon?» Employers should also never ask «how old someone is or what their ethnicity is. Applicants can easily complain of discrimination if they feel they were not selected on the basis of their religious beliefs, sexual orientation or pregnancy. — «Which countries are you a citizen of? (Federal law prohibits discrimination on the basis of nationality). Employers are only allowed to collect information that is necessary for the hiring process and the employment relationship and, therefore, the questions the employer can ask are also restricted. Thus, all matters that are not directly related to the position or the recruitment process are prohibited. In particular, employers are prohibited from asking about personal family ties and children (including pregnancy), political or religious beliefs, trade union membership, military service or health. However, if the employer can demonstrate that the information is necessary for the purposes of the recruitment process, questions on those issues may be acceptable. For example, if an aspect of a candidate`s health is critical given the nature of the job, the employer may ask questions about it. There is no legislation in the UAE that prohibits employers from asking certain questions during interviews.

However, it is recommended that employers do not ask questions regarding culture, religion or other sensitive topics that could be controversial. The Fair Recruitment Act prohibits employers from collecting the following information about a candidate if it is not related to the legitimate requirements of the position: — questions about whether or not the candidate is a member of a trade union; It is reasonable to assume that any question on an application form or pre-employment interview serves a specific purpose and that selection or hiring decisions will be made based on the answers given. Information about: Information about the following is only allowed if there is a legitimate work-related basis for requesting the information or if the law expressly allows it: All matters in which the employer has no legitimate interest are prohibited and the employee may lie without effect.

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