Comment by BugsJustFindMe
11 hours ago
> They specifically asked personal questions - parents stuff, relationship, etc.
In the US any employer who asks you about personal relationships during an interview is opening themselves up to an illegal discrimination lawsuit.
Which protected characteristic does "personal relationships" fall under? It's vague enough to mean almost anything you want it to be, and I struggle to imagine any sort of successful prosecution.
There’s a reason interviewers in the US won’t (or shouldn’t) even ask if the candidate has a spouse. If they ask something about that specifically, and the answer indicates some kind of protected status (a man says “my husband” or reveal which place of worship they got married in) and they then decline the candidate, the candidate could make the claim they were denied because they’re gay or practice whatever religion or something else.
Asking personal questions could be seen as a way to elicit information about a protected status and thus give a rejected candidate ammunition for a claim, whether warranted or not.
It’s best to just keep questions focused on the workplace.
I think people vastly overstate the amount of actual risk companies are taking when they engage is possibly illegal behavior, especially on this forum.
3 replies →
Never ever prompt someone to discuss personal relationships in an interview. The moment the conversation drifts into religion, family status, child count, sexuality or gender makeup, or any number of other things, you can easily run afoul of state or federal laws, or open yourself to discrimination lawsuits.
Discrimination of sexual orientation, for example, depending on how it's asked. Just one of those areas best left alone in an interview
Women in a committed relationship can enter a medical situation that renders then unable to work for 6-9 months, + 2 - 3 years of leave afterwards. Men don't, that's just a month or two twice.
It is illegal, and in my book also immoral to deny such a candidate, but the other side of the coin is there.
Even just an IQ test [1] or teacher licensing test [2,3] opens them to illegal discrimination, so that's not saying much.
[1] https://en.wikipedia.org/wiki/Griggs_v._Duke_Power_Co.
[2] https://www.wsj.com/us-news/education/black-latino-teachers-...
[3] https://teachercertification.com/nystce/multi-subject-arts-a...
Working in selection, I can say it’s more nuanced than that. Any measurement can be used as long as it is relevant to the business and related to performance. For example, you’re fine to reject people based on height if you’re hiring basketball players and being higher predicts scoring more points. Or even reject people based on gender (or other protected classes) if you can demonstrate that that specific group is absolutely necessary for you e.g. you want a counselor working with sexual trauma survivors and have evidence that matching patients to counselor on gender gives meaningfully better results for said patients.
The specific cases you mention and the finer point is how do you demonstrate the necessity of a measure? Is high general IQ absolutely necessary for SWEs? Or is it enough to have a high logical reasoning, but don’t need spatial? Do you really need high IQ or is it enough to have a lot of practical experience with hands on skills? Do you need higher IQ to do zero to one development vs code maintenance? The devil’s always in the details with these kinds of questions, and it’s definitely not a blanket “you can’t use anything”.