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You won't be asked about your race on a job application, but you may have to submit a photograph. Employers can't advertise for a waitress, but they can specify "female only" for a job like locker attendant at a women's health club. In some states, it's illegal to ask about marital status, but in others it's OK.
Welcome to the complicated world of antidiscrimination laws. Here's a quick overview of the basic rules that govern hiring.
The EEOC Role
The federal Equal Employment Opportunity Commission (EEOC) enforces federal laws that include Title VII of the Civil Rights Act, the Age Discrimination in Employment Act of 1967 and the Americans with Disabilities Act.
Taken together, these laws offer protection against discrimination in job advertisements, recruitment and hiring -- intentional or otherwise -- on the basis of race, color, national origin, religion or sex. Additional protections cover older applicants and those with disabilities.
Title VII
Title VII is best known for its protections based on race and color. Employers have learned that asking about an applicant's race opens them up to charges of discrimination. Employers who need information about applicants' race for affirmative-action purposes often use tear-off sheets or other methods to separate the information from the candidate's job application.
Religion is also protected under Title VII. Employers may not treat applicants less or more favorably based on their beliefs.
Title VII was amended to cover pregnancy. An employer cannot refuse to hire a pregnant woman because of her condition or for any reason related to pregnancy, including the prejudices of coworkers, clients or customers.
Since September 11, some job seekers worry about discrimination based on national origin. EEOC chair Cari M. Dominguez has reiterated those Title VII protections. For example, an employer may not base a hiring decision on an applicant's foreign accent unless it "materially interferes" with job performance.
The Age Discrimination Act
The Age Discrimination Act makes it illegal to include age preferences, limitations or specifications in job notices or ads, except in rare cases where age is a "bona fide occupational qualification." An example is a movie role requiring a child actor.
Employers are not specifically prohibited from asking an applicant's age or date of birth. However, that knowledge cannot be used to discriminate in hiring. Most employers now only ask for that information after a job has been offered.
Age discrimination can be subtle. An interviewer who asks an older applicant, "Do you have the energy to do this job?" might be illegally stereotyping.
The Americans with Disabilities Act
Since passage of the ADA in 1990, job seekers with disabilities enjoy broad protections. Employers may not question applicants about the existence, nature or severity of a disability (either physical or mental). While applicants may be asked about their ability to perform job functions, employers are also required to make reasonable accommodations for applicants with disabilities. However, employers are not required to suffer an undue hardship to accommodate disabilities.
What About State Laws?
Separate from these federal laws, states and municipalities are free to set their own standards, and many do. California, for example, prohibits employers from asking about marital status, including divorce and cohabitation, while other states plus Washington, DC, include sexual orientation as a protected category. The newest frontiers for local laws are prohibitions against genetic bias -- testing applicants for their potential to develop certain diseases -- and discrimination against obese people.
Yet while the laws are clear, interpretations are not. "If an interviewer asks a black applicant only questions about basketball but talks with whites about their ambitions and willingness to relocate, that's discriminatory," says Craig Pratt, an Oakland-based independent human resources management consultant.
Pratt has seen two paradoxical trends emerge during his 27-year career. On the one hand, he says, "managers have gotten much better in recognizing and avoiding, discrimination." At the same time, job seekers' sensitivities to discrimination have increased. "There's not as much bias in reality, but people think there's more than ever," he adds.
"Applicants don't look at themselves objectively," Pratt says. "They might not be rejected because they're black or Muslim; maybe they didn't have enough experience or the right background."
Additional Resources
For more information on whether interview questions are legal, consider these resources:
