Derek T. Smith Discrimination Law Blog on Lawyers.com

When interviewing prospective applicants for job openings, it is advisable to know what questions you may ask and which ones are illegal. Illegal questions are ones that are designed to reveal personal information about prospective workers that could lead to discrimination against them.  Many federal, state, and local laws prohibit New York employment discrimination on the basis of the following factors:

• Gender
• new york racial discrimination
• National Origin
• new york age discrimination
• Religion
• Disabilities
• Cultural association
• Sexual orientation
• Pregnancy

Questions to avoid New York City employment discrimination

During a job interview, the interviewer should avoid asking applicants the following kinds of questions:

• What is your age, birth date, or graduation date from high school?  The only instances where age-based inquiries are lawful are if age is a requirement for the job or to determine if an applicant is old enough for the job.
• What are your plans for family planning or child care arrangements? This question is illegal if you single out female applicants and do not pose the questions to male applicants as well.
• Does your marital status prevent you from traveling or relocating for the job?  Again, this question is illegal if you single out female applicants.
• Can you tell me about your recent illnesses, operations or worker compensation history?  Medical exams should be conducted only after the job offer is extended.
• Where were you or your parents born? What is your native language?  What is your maiden name?  Questions like these reveal the national origin or religious association of the applicant, and should not single out certain individuals or groups.

Interviewers must make sure they are asking all applicants the same questions to avoid singling out any individual or group of workers.  And they should refrain from asking applicants about personal information such as age or disabilities unless that information is essential to job performance, among other criteria.  

Speak with one of our knowledgeable New York employment discrimination attorneys is you have further questions in regards to proper or improper questioning during the hiring process.  Our New York employment discrimination lawyers can assist employers to avoid issues when screening applicants.

Consult us about employment discrimination in New York City

A New York City employment discrimination attorney, or law firm such as Akin & Smith, LLC, can advise companies of lawful hiring practices and employment procedures.

A New York City employment discrimination lawyer at Akin & Smith, LLC can provide an aggressive defense against offensive or unequal treatment of workers by their employers or coworkers.   Each Akin & Smith, LLC employment discrimination attorney in New York City can provide workplace dispute mediation and if necessary litigation in a courtroom.   We can also provide employers assistance with seeking a better hiring process by avoiding such practices as “Illegal Questions”. Speak with an employment discrimination lawyer in New York City today for more information.

If you need to find an employment discrimination attorney in New York, please contact Derek T. Smith, Esq. at the law firm of Derek T. Smith Law Group, LLC by calling our toll-free number 1-877-4NYLAWS today.

Derek T. Smith Law Group, LLC
30 Broad Street, New York City, NY 10004
(212) 587-0760