Much of the way we present ourselves in our CV has changed vastly in the last decade, so too has interview etiquette and the kind of information we are expected to impart. While employers once expected interviewees to declare details such as their marital status and date of birth at the outset, things have changed in a bid to make the recruitment process fair and equal to all.
There are legal safeguards in place to protect job applicants from unfair treatment from potential employers, be it intentional or otherwise. The law is invaluable in this respect, as it protects against discrimination on the basis of grounds such as race, age, gender or sexuality. Many interviewers can fall into the trap of asking questions that are not strictly lawful; which if answered, could potentially hinder a candidate’s chances of getting the job.
The crucial point is that an interviewer should only judge a candidate on their ability to do the job well. As a rule, anything that strays beyond this remit is veering into dangerous territory, and the candidate is well within their rights to decline to answer or to bring a discrimination claim if they do not get the job as a result of the discriminatory question. So which interview questions should set off warning bells of an unfair hearing?
Age is just a number
Understandably, employers look for staff who are going to stay with them for as long as possible. So candidates they expect may be nearing retirement may get pushed to the bottom of the pile. It’s unlawful to ask a would-be employee their age or date of birth, and any age-related questions are also a no-no. The only permissible questions are where the information can be justified e.g. in regards to retail or hospitality jobs, where employers are within their rights to ask for confirmation that ‘you are over 21′. Other than that, age shouldn’t be up for discussion.
Fit for purpose
Finding out if a candidate is fit and healthy enough for their required duties is more of a level playing field for employers, and by law, candidates must not withhold details of any illness or disability that would interfere with work. It isn’t in anyone’s interests to have a delivery driver with a serious back problem or pet sitter with fur allergies, so in this instance the law underlines good common sense for both parties. However, interviewers must tread carefully and avoid asking the question directly “do you have a disabilityâ€. Instead, they could approach the topic by asking “are you able to perform the duties of this job†(with reasonable adjustments for a disabled applicant, if required). However, this should only be asked if, for example, manual lifting is intrinsic to the job.
Culture clash
Perhaps the most talked-about area of interview discrimination is on the basis of race or religion. Employers are often keen to get to grips with elements of a candidates religion to establish whether it would interfere with work, be it their required style of dress or designated prayer times throughout the day. Equally, asking where a candidate is from may seem like an innocent question, but failing to tread carefully here could be seen as discriminatory. The golden rule is to stick to establishing how competent the candidate is for the role at hand, rather than making any cultural judgements based on their appearance.
A family affair
Asking if a candidate is married, has a family or is planning one, was a common question in years gone by, but completely off limits to 21st century interviewees. It goes without saying that no jobseeker should be asked about their sexual preferences either as this could imply discrimination. Instead, an interviewer keen to find out if family life might interfere with work responsibilities can ask just that in broad terms, i.e. Could your personal circumstances affect your attendance in any way? It is important to note that female candidates are not required to disclose the fact that they are pregnant or are planning a family in the near future.
In short
If you find yourself at interview being asked about any of the areas above, politely declining to answer is the best policy. However, in an effort to make a good impression, it’s not uncommon for candidates to respond to these questions and later realise they were inappropriate. Either way, if you do not get the job and you feel you may have been discriminated against at the interview stage, you may have grounds for a legal claim. If so, seek legal advice and consider your options carefully before taking action.
By Sarah Calderwood, employment law specialist at law firm Slater Heelis, www.slaterheelis.co.uk/employment.
