Ronaldo (1)Employment discrimination and illegal job interview questions
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.
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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.
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.
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.
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If jobs are not for you, start thinking like an entrepreneur, because after all, no one gets rich as an employee. It must have given you an opportunity to really examine yourself where you really excel and bank on that talent, start your own business. Well it’s easier said than done but look at some friends who have done it and be motivated by their stories. I wish you the best.
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
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
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
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.
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@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
I think it’s not more of discrimination but filters for specific positions..
Anyway, nice job interview tips!
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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 …
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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? -_-
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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?
@ 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.
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A look at the most common form of employment discrimination. Discusses how these discriminations are embedded in the present society….
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
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Good article! Job age discrimination IS THE MAIN PROBLEM which is why there is a high unemployment rate in this damn country. That and education. Which is why the ONLY alternative for Filipinos to get work is to go abroad. Also, these damn local companies have this habit of hiring new graduates and laying off the old ones who have contributed more on the growth of their company. Now where are they? At home…with nowhere to go…and wondering where they’re gonna get their kids’ next tuition fee.
Sucks to be here. Sucks to be Filipino. Sucks that we have a government who is blind of the needs of the people. This is why no one is proud to stay here. They are better off elsewhere. Grandma was right, that the Philippines SHOULD HAVE stayed under U.S. control. I don’t blame her after I look at this mess around me. I’m 36 and I don’t have a job. No one wants to hire me and I can’t afford a plane ticket! What now?
With all of these questions, so many companies are guilty of job discrimination. The age requirement is a funny and irrelevant requirement to me. and also asking a woman if she plans to get pregnant because they hate to have employees that may takle a maternity leave is cruel.
If the prospect feels he or she can ‘hide’ the conviction which the background check /should/ find, there’s an indicator of potential dishonesty. Their attitude when confronted on this information will ultimately determine their course- if they’re defensive, blaming, minimizing- I’d wager that they’re going to be such as your employee. If they own up to the charge and accept the consequences of their behavior, you can take that as a sign of maturity. Your mileage may vary.
I encountered some of the questions above, no1,3,4 and 6. Not only that, when I was a fresh graduate before, I applied as a programmer in a certain company, I almost passed their hands-on examination. But since I’m only a fresh graduate, they didn’t hire me since the job only qualifies people having 2 years of experience. Just lost my confidence after that.
I applied again in a well known company in makati. I’ve been interviewed by an arrogant lady. Still in front of her asking these questions again while marking my resume a cross mark using red ballpen. I feel terrible after my interview.
I’ve got a job after those incidents but I’m unlucky since the company I’m working at had lots of irregularities which they didn’t tell me so I awoled after a year. These company, even you get hired, you will earn discrimination also especially when they don’t see your potential. Lucky for me, I’m not one of them when I was working in that company before.
Wow, that is simply incredulous! Being a fresh graduate shouldn’t disqualify you from getting the job! Well I guess it’s time for you to show them what they’ve lost for not hiring you.
This article seems somewhat similar to that article in About.com. If that’s the case, please cite the original source.
Check out this site to see what I mean:
http://jobsearch.about.com/od/interviewquestionsanswers/a/interviewquest.htm
Thank you for your comment. The reference of the 10 Illegal interview questions is actually cited – it’s from an article in TechRepublic (if you read the article again, you will the link to the source).
I don’t know anything about that article in About.com. If that’s where the TechRepublic article was also referenced, I don’t know.
yes its very much frustrating,that after Ipassed the 2 interviews, my 3rd & final interviewer told me straight that he likes to hire unmaried aplicants ryt after knowing im a maried one with kids.ive been trying hard to answers all his questions,then i just went home;lonely , tired & hopeless…!So unfair!!!!!!!!!!
Hey, Nice post. I have researched some Excellent HR interview questions and answers
Best question asked of me during an interview was, “How can I compete against those who graduated from La Salle, Ateneo, UP and UST.”
Take note, I didn’t apply. Their office in Hong Kong e-mailed me and asked if I was interested in the position. I said yes and an interview was scheduled here in their Philippin office in Ortigas.
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