Discrimination is illegal in the workplace, but it is also prohibited during the interview process before someone has even been hired. When prospective employees go through interviews, there can be red flags of a discriminatory workplace culture based on the questions that they are asked.
Generally, employers should not ask questions related to protected classes and should stick only to employment-related topics. Sometimes, it just depends on how they frame the questions when they are seeking certain information.
Religious questions
For example, an employer cannot ask someone what religion they follow. Employers should not be making hiring decisions based on a person’s religious affiliation.
That said, employers may be worried about an employee’s availability to work on weekends or holidays, depending on their religion. Instead of asking about their faith directly, the employer can just ask if they would be available to work the necessary hours or if there are any conflicts.
Family-related questions
Another example is that an employer cannot ask someone if they are pregnant, if they intend to become pregnant or if they are going to start a family. However, if the job may require relocation, the employer may be concerned that family obligations will make that impossible. They need to stick to asking directly if the employee would be open to relocation in the future or if there are any commitments that would prevent it.
Have you faced workplace discrimination?
The interview process is certainly not the only time when you could face discriminatory questions or actions on the job. If you do, be sure you know exactly what legal steps to take.