McOmber McOmber & Luber, P.C.

Business & Employment Lawyers Red Bank & Marlton New Jersey

732-842-6501

What Are Discriminatory Interview Questions?

Employers who ask questions during interviews that would reveal information pertaining to protected characteristics without having a job-related basis, and then use that information to make their decision, are violating state and federal discrimination laws. Sometimes inappropriate questions are easy to recognize such as, “How old are you?”, while others are less obvious. For more information on discriminatory interview questions, click here.

Related FAQs

  • How Long Do I Have to Report Workplace Harassment Legally?

    The timeframe to report workplace harassment can vary depending on the jurisdiction and the specific laws in place.

    Workplace harassment is a pervasive issue that impacts employees’ morale, productivity, and overall well-being. At McOmber McOmber & Luber, we are passionate about fighting for those who have fallen victim to this insidious behavior.

    Use our Comprehensive Guide to Workplace Harassment to learn more.

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  • Does Workplace Harassment Overlap With Other Forms of Harassment?

    Yes, workplace harassment can overlap with other forms of harassment, such as racial, religious, age, and gender-based harassment. Discrimination and harassment can intersect, where an individual might be targeted for multiple aspects of their identity.

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  • Which Job Interview Questions are Off Limits?

    The law prohibits employers from basing hiring decisions on protected characteristics of a job candidate, such as race, age, gender, religion, or disability. In fact, interviewers should not even ask questions about protected characteristics during a job interview, because there is no way to separate the question from the hiring decision.

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  • What is LGBTQ+ discrimination?

    LGBTQ+ discrimination involves treating someone unfavorably because of that person’s sexual orientation or gender identity, including transgender status.

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  • What is gender or sex-based discrimination?

    Gender or sex-based discrimination involves treating someone unfavorably because of that person’s sex, including the person’s sexual orientation, or gender identity (including transgender status).

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  • What is age discrimination?

    Age discrimination occurs when an employer treats an applicant or employee less favorably because of the individual’s age.

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  • How do you prove age discrimination?

    To prove age discrimination an employee must show that a negative action such as a demotion or firing was on the basis of the employee’s age. The Age Discrimination in Employment Act (“ADEA“) forbids age discrimination against people who are 40 or older.

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  • Can job applications ask about my age?

    Yes, job applications can ask applicants for their date of birth or year of graduation from high school or college. However, how the employer chooses to use this information may violate the ADEA.

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  • Are there support/advocacy groups for professionals who’ve experienced age discrimination?

    AARP, Aging for Life, Unretire Yourself, and HelpAge advocate for older individuals in the workplace. These organizations provide tips and advocacy opportunities for individuals to combat ageism and age discrimination in the workplace.

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  • What does the LGBT Bar do?

    The LGBT Bar provides much needed support to its members in a variety of ways. For example, it assists prospective LGBTQ+ judicial candidates to become judges, ensures law schools employ best practices to make LGBTQ+ students feel safe on campus, and hosts the annual Lavender Law Conference, the largest LGBTQ+ legal conference in the country.   

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