Employment discrimination and illegal job interview questions

Posted on April 13, 2008
Filed Under InfoBlog, bloggista

Job News This is second part of my job interview tips series and this post will tackle about discriminations during the job application process, especially on the job interview portion.

If you read a Philippine newspaper jobs section, you will certainly find the following common job announcements:

Wanted Marketing Assistant:
Must be female not over 24 years old;
With Pleasing personality;
Chinese preferred;
Must be single.

Wanted Sales Representatives:
With pleasing personality and not over 26 years of age;
Must be willing to travel;
Must be single and no children;
Must be physically fit (with no disabilities);
Fluent in English.

It’s pathetic to read those kind of job advertisements. Yes, employers have the right to choose what kind of employees they want to hire, but there’s no point what makes a person older than 24 or not as pleasing as they perceived to be, could not get a job done. Unfortunately, it is prevalent in the Philippines and seems nobody, even the Government care to rectify this and make the whole employment arena an equal field for all. Even the Labor Code is not clear on this one.

In job interviews, I have seen and heard a lot of job interviewers asking the following questions:

If an applicant has a boyfriend (common to female applicants and male job interviewers).
If an applicant is married, asking how many children.
If an applicant is a Roman Catholic or a Protestant or a Muslim.

The United States being sensitive against discrimination of all sorts, have clear guidelines against discriminating job seekers during the entire job application process, notably in the job interview phase. A nice article on steering clear from illegal job interview questions can be found at the TechRepublic blog.

Among the questions considered illegal (as presented by Jody Gilbert, Senior Editor of the 10 Things section of TechRepublic blog) are as follows:

#1: Where were you born?

This question might seem like small talk as you get to know a person, but it could also be used to gather information illegally about the candidate’s national origin. Although it may seem more relevant, you should also avoid asking, “Are you a U.S. citizen?” You can ask whether a candidate is authorized to work in the United States, but avoid asking about citizenship.

#2: What is your native language?

Again, the problem is that this question could be used to determine national origin. You can ask whether the person knows a language if it is required for the job. For example, if job responsibilities include supporting Spanish-speaking customers, it’s fair to ask whether the candidate speaks Spanish.

#3: Are you married?

Here’s another question that would seem innocent in most settings, but definitely not in a job interview. Because you can’t discriminate on the basis of marital status, this question is off limits.

#4: Do you have children?

This might sound like small talk, too — an innocent question in most settings — but not in a job interview. It’s covered by a general prohibition about discrimination over parental status.

#5: Do you plan to get pregnant?

In the past, employers sometimes asked this question to weed out women who might take a maternity leave. It has always been rude coming from a casual acquaintance, and now it’s illegal as well.

#6: How old are you?

Some companies used to avoid hiring older workers for a variety of reasons, ranging from a fear of higher healthcare costs and absences to a social bias in favor of youth. But age discrimination is clearly illegal, and you should avoid this question. Don’t try to get the information by asking when the person graduated from college, either.

#7: Do you observe Yom Kippur?

You can’t discriminate on the basis of religion, so this question is illegal, as would be asking about Good Friday, Ramadan, or the Solstice. If you’re concerned about the candidate’s availability, you could ask whether he or she can work on holidays and weekends, but not about the observance of particular religious holidays.

#8: Do you have a disability or chronic illness?

This information is not supposed to be used as a factor in hiring, so the questions are illegal. If the job will require some specific physical tasks, such as installing cables in walls and ceilings, you may ask whether the person could perform those tasks with reasonable accommodation.

#9: Are you in the National Guard?

Although some managers may find it disruptive when employees leave for duty, it’s illegal to discriminate against someone because he or she belongs to the National Guard or a reserve unit.

#10: Do you smoke or use alcohol?

In general, you can’t discriminate on the basis of the use of a legal product when the employee is not on the premises and not on the job.

In the Philippines, it is unfortunate that there is actually no clear guideline or even a law similar to this one. Adding to the sad reality that a lot of Human Resource practitioners even lacked the right training and pro-active attitude towards a fair job application and interview process.

Equal job opps To protect and ensure every Filipino’s equal employment opportunity, it is high time our government, much more our Senators, should enact better laws rather than starting yet another time and money wasting Senate inquiry in aid of a legislation “d*ck sh*t“.

What do you think about this post? Your comments are greatly appreciated.

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Comments

16 Responses to “Employment discrimination and illegal job interview questions”

Melo on April 13th, 2008 2:19 pm

LOL! For me age is the biggest hurdle. Oftentimes, most openings are for those aged 28 years and below which makes it real hard for me to apply.

After being humiliated in one office in Ortigas, I started avoiding jobs for hire that I’m not qualified even if it’s age.

Melo’s last blog post..1st Second Life Music Videos Contest on Koinup!
bendz on April 13th, 2008 2:30 pm

Geez. I was asked by an HR if I were gay. heheheheh

My spiel went this way: “I don’t think that would matter in the workplace or the job itself. My sexual preference shall not, would not, and cannot, make me, in any way, better or worse than any of your employees so I don’t think answering that question is relevant in the hiring process but just in case you personally want to know, I can fuck anyone as long as they make me horny.”

hahaha. kaya siguro di ako tinangap ng PS. wahahh

bendz’s last blog post..Hot Job Hunting
bloggista on April 13th, 2008 2:42 pm

Hahaha! What a dumb question. You must have hurt the interviewer’s ego that’s why he rejected your application. Answers like that show how smart an applicant is - that company should get rid of that sucker. They just lost a potential performer.
joanjoyce on April 13th, 2008 2:50 pm

hmmm its hard to comment because for me, i didn’t find any of the questions nor the ad discriminating but instead for me, they just want to know if the position and the environment will be suited for you. like if they are all born again maybe they want everybody in the company to be of the same faith.

but on the other hand if a persons capability is to be judged solely on physical nor the sexual preference i think that one is discriminating.

PS: Bendz i like your answer, for me your hired
René Garcia on April 13th, 2008 10:27 pm

It’s time to come to America! I’m a Filipino that’s been living here since I was two. The job market out here is pretty competitive, but at least you don’t have to put up with the kind of garbage you get in the Philippines. I recently read my cousins’ résumés (who still live over there) and it had all sorts of stuff about their personal and family lives on it. I was amazed that companies cared about who your parents were.

René

René Garcia’s last blog post..Cold Blood
nor on April 13th, 2008 11:43 pm

Discrimination is illegal in all aspects as embodied not only in the LC but in the constitution. The problem lies in the implementation and the ‘police-ing’ aspect. Besides, non one (or only very few) is complaining.

nor’s last blog post..Customer-Focused and Employee-Centered Core Values
bendz on April 14th, 2008 8:26 am

@Rene
Family background is not important in resumes here but I think some applicants really think it matters.

My resume is sort of “americanized”. I’m applying at a global company and I thought it would be a plus and I guess it really did what I expected it to do. 2 out of 3 firms, Teletech and Convergys, I applied to told me I had an outstanding resume and I guess that’s one of the reasons why those two offered me a job.

I signed up with Convergys cause from where I come from, people tend to look up to you when you are working for Convergys. There medical plan and allowances are superb and the workplace is highly competitive and I want that.

@Joan

My reply was an improvised version of what I saw in a movie. I already forgot the title but that line still sticks in my mind. hehehe. It’s not like I can relate to it personally but I think it’s because when you spend a lot of time in the net knowing and befriending lots of different people unbounded by religious, political, sexual, racial, national and even financial biases, you’ll really learn that stereotyping people is only for the insensitive and the uneducated.

@ Topic

What about “If you are a superhero, what kind of power would you like to have?”. It really took me a while to answer that. hehehe

It’s really a tough question. Choosing a highly destructive or manipulative power will send an alarming message to the interviewer and choosing a minor power will make you sound like wuss.

My answer was something you can hear in Miss Universe pageant heheh. It has something to do with education and world peace. Nyahahah. I think it sounds sooooooooo gay! nyahhahah

P.S.

“Bloggistar” sounds way gay-er heheheheheh.

bendz’s last blog post..Hot Job Hunting
Joliber Mapiles on April 14th, 2008 10:25 am

I think it’s not more of discrimination but filters for specific positions..

Anyway, nice job interview tips!

Joliber Mapiles’s last blog post..What is RSS? | May 1st is RSS Awareness Day
BizGiftGuru on April 14th, 2008 10:49 am

Well on one hand the job discrimination sucks (as any other discrimination). In most countries the ads that discriminate are illegal.

The fact that the “preferences” can’t be mentioned in the ad however does not mean that there is no discrimination. It only means that more time is wasted. The potential employee travels to interviews for jobs he has no chance to get. The potential employers end up spending time interviewing people they have no intention to hire … If someone wants to hire somebody good looking below 25 years with no kids no disabilities and no mental problems, he will only hire somebody good looking below 25 years with no kids no disabilities and no mental problems, no matter what is or what is not printed in the ad …

BizGiftGuru’s last blog post..Spring trade fair season - Part 2 - Mega Macau
Deimos Tel`Arin on April 14th, 2008 5:02 pm

BizGiftGuru has a good point there. -_-

The problem is still there, even if the ads are regulated.

Guess the art of discrimination is embedded deep into the society aye? -_-

Deimos Tel`Arin’s last blog post..The Last Stand - Download - First Impression
PuzzledBam on April 16th, 2008 6:50 am

Is it true that sometimes you are not being hired if you’re not pleasing to look at or attractive? And oh, I was asked repetitively in all my recent job interviews if I have a boyfriend…isn’t that illegal here?
bloggista on April 16th, 2008 7:17 am

@Bendz, haha, Bloggistar sounds sexy. LOL.

@Rene/Nor, I think its time for Filipinos to assert for our rights. These things were almost becoming accepted norms as only a few people are voicing out and not a single Filipino I know actually file a formal complaint about these things - unfortunately.

@Deimos/BizGiftGuru - I must say this is a cross-culture problem and you are right, this problem may have truly been embedded deeply in our society. There was a time I lived in Singapore for a while and I was amazed how this issue actually been brought up and discussed publicly, and made most employers sensitive in their ads placement on papers. I wished the same could happen in the Philippines and elsewhere.
bloggista on April 16th, 2008 7:27 am

@ PuzzledBam - did you know that there was a recent study (in Manila) and it was found out that majority of the employers look at the physical characteristics of an applicant over skills when considering for employment? It made JobsDB recommend to applicants not to include photos on resumes/CV’s bec the not so good looking pictures were almost immediately screened off/discarded. Now that is really pathetic.

And on asking if you have a BF, I find this very unprofessional ( I also avoid asking this whenever I interview women applicants). It is also unethical and harbors on sexual harassment.
junior on July 9th, 2008 9:43 pm

Every applicants should be treated fairly regardless of race and sexuality. But sad to say….it’s not the reality.

I personally urged Phil Congress to look deeper into this issue…

Filipino jobs abroad

junior’s last blog post..Rigger For Australia

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