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Job Interview Laws

What is an interview?

An interview is a professional meeting in which a series of questions are asked to determine eligibility and discover information. Interviews are used when hiring employees and determining who is fit for employment purposes. The interview process can cause questions to be raised and answers needed fast. Read below the top interview questions that have been answered by Experts.

Is it legal during a job interview to be asked your age, how many children you have and if you would date a colleague?

If you are over the age of 40, there are protections against age discrimination (and questions about age) under the Age Discrimination in Employment Act (ADEA).

Questions about your marital status and dating status are issues that involve possible sex discrimination under Title VII of the Civil Rights Act. You may wish to contact the Equal Employment Opportunity Commission (EEOC) in your area to file a complaint. If you or someone you know are having questions regarding interview laws or interview processes, ask an Employment Lawyer.

Can someone be denied an interview on the bases of prior employment if the prior employer has criminal charges against them?

Generally employers are offered broad latitude in selection of employees as long as the decisions are not based on illegal discrimination.

Arguing from the perspective of the potential employer, your association with this individual does raise some question. While you may not have been charged or convicted of any crime; is there a possibility that you were indeed involved in the illegal activities, Did you know, or more importantly, SHOULD you have known that there was illegal ongoing activity (Did you bury your head in the sand).

Your work history (who you worked for) can have both positive and negative impact on your chances of being interviewed.

If someone had a pre-employment screening test during a job interview, how could he/she go about getting those test results?

The employer and the company that conducts these assessments generally do NOT have to disclose the results of the testing unless there is an EEOC investigation going on that results in the records being opened and reviewed by EEOC and then you can ask for the results to be disclosed to you AND for an order that the company be forbidden from disclosing any of this information to prospective future employers and/or that the report itself be expunged from the assessor's records and severed from any mention of you. You cannot simply call them up or write to them and ask them to not discuss the reports or to delete the reports because they will simply ignore you -- it must be done through appropriate legal channels and process.

Is it against the law to be asked your religion during a job interview and not be hired based on the religious views?

Title VII of the Civil Rights Act of l964 prohibits employers from discriminating against individuals because of their religion in hiring, firing, and other terms and conditions of employment. Title VII covers employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations, as well as to the federal government.

Under Title VII: Employers may not treat employees or applicants more or less favorably because of their religious beliefs or practices - except to the extent a religious accommodation is warranted. For example, an employer may not refuse to hire individuals of a certain religion, may not impose stricter Promotion requirements for persons of a certain religion, and may not impose more or different work requirements on an employee because of that employee's religious beliefs or practices.

Interview questions can often times be a legal issue and can cause questions to form in one’s mind that often seem unanswerable. Employment Lawyers can provide you with fast and affordable answers.
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