Pamela O. Pitt Discrimination Law Blog on Lawyers.com

You would think that by now most employers know they cannot ask certain questions of job candidates.  And yet, some employers do ask questions that lead them to make discriminatory – and illegal – decisions.  Here are a few to watch out for – no matter which side of the interview desk is yours.

Age discrimination

The following questions may imply San Francisco age discrimination:

• How old are you? What year were you born?
• When did you graduate from high school?
• How much longer do you plan to work before you retire?

Discrimination against race, ethnicity, or country of origin

These questions may imply discrimination against country of origin, ethnicity, or San Francisco race discrimination:

• Are you a citizen of the US?
• Are you a native-born citizen of the US?
• How long have you lived here?
• What is your native language?
• What is your mother’s native language?
• What is your ancestry?
• What color is your skin?
• What is your spouse’s nationality?

Discrimination against pregnant women

The following questions may imply pregnancy discrimination in San Francisco against women who are or may become pregnant:

• What is your maiden name?  Is this your maiden name?
• Do you have or plan to have children?
• How old are your children?
• If you get pregnant, will you come back after maternity leave?
• Do you have reliable child care?
• Can you get a babysitter on short notice?

Gender discrimination

These questions may imply San Francisco gender discrimination:

• Our office is mostly men/women – what makes you think you can fit in?
•  Do you think you could supervise men/women?

Discrimination against the disabled

The following questions may imply discrimination against the disabled

• Do you have any disabilities?
• How does your condition affect your abilities?

Other discriminatory questions

Other personal questions employers are not allowed to ask include the following:

• Are you married?
• What religion do you practice?
• Which religious holidays do you observe?
•  Do you belong to any clubs or associations?  (employers can ask only about trade and professional groups)
• Do you smoke or drink?
•  How much do you weigh?
• How many sick days did you take last year?
• Have you had any recent illnesses or surgeries?
• Are you a member of the National Guard?

In a sense, every time an employer hires an employee they discriminate between candidates.  But employers bear the weight of ensuring that they make hiring decisions based on a fair and equal assessment of candidate job qualifications, and not on personal prejudices.

For an experienced, caring, and dedicated employment discrimination attorney in San Francisco, contact the Law Office of Pamela Pitt to discuss your discrimination case with us.