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Interview Questions that may be considered il

Old 07-09-2013, 08:11 AM
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Default Interview Questions that may be considered il

I ran across this artice that says certain interview questions are illegal. If this is accurate, I've seen more than half of them on AirlineApps (assumng the same applies for applications) and been asked a portion of these questions in interviews.

Below are the questions only, but the full article can be viewed by clicking the link.

11 Common Interview Questions That Are Actually Illegal - Yahoo! Finance

1. Have you ever been arrested?

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An employer can't actually legally ask you about your arrest record, but they can ask if you've ever been convicted of a crime.

Depending on the state, a conviction record shouldn't automatically disqualify you for employment unless it substantially relates to your job. For example, if you've been convicted of statutory rape and you're applying for a teaching position, you will probably not get the job.

2. Are you married?

Although the interviewer may ask you this question to see how much time you'd be able to commit to your job, it's illegal because it reveals your marital status and can also reveal your sexual orientation.

3. What religious holidays do you practice?

Employers may want to ask you this to see if your lifestyle interferes with work schedules, but this question reveals your religion and that's illegal.

They can ask you if you're available to work on Sundays.

4. Do you have children?

It is unlawful to deny someone employment if they have children or if they are planning on having children in the future.

If the employer wants to find out how committed you will be to your job, they should ask questions about your work. For example, "What hours can you work?" or "Do you have responsibilities other than work that will interfere with specific job requirements such as traveling?"

5. What country are you from?

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If you have an accent, this may seem like an innocent question, but keep in mind that it's illegal because it involves your national origin.

Employers can't legally inquire about your nationality, but they can ask if you're authorized to work in a certain country.

6. Is English your first language?

It's not the employers lawful right to know if a language is your first language or not.

In order to find out language proficiency, employers can ask you what other languages you read, speak, or write fluently.

7. Do you have any outstanding debt?

Employers have to have permission before asking about your credit history. Similar to a criminal background history, they can't disqualify you from employment unless it directly affects your ability to perform the position you're interviewing for.

Furthermore, they can't ask you how well you balance your personal finances or inquire about you owning property.

8. Do you socially drink?

Employers cannot ask about your drinking habits because it violates the Americans With Disabilities Act of 1990.

For example, if you're a recovering alcoholic, treatment of alcoholism is protected under this act and you don't have to disclose any disability information before landing an official job offer.

9. When was the last time you used illegal drugs?

It's illegal for employers to ask you about past drug addiction, but they can ask you if you're currently using illegal drugs.

A person who is currently using drugs is not protected under ADA.

For example, an employer may ask you: Do you currently use illegal drugs? What illegal drugs have you used in the last six months?


10. How long have you been working?

This question allows employers to guess your age which is unlawful. Similarly, they can't ask you what year you graduated from high school or college or even your birthday.

However, they can ask you how long you've been working in a certain industry.

11. What type of discharge did you receive in the military?

This is not appropriate for the interviewer to ask you, but they can ask what type of education, training, or work experience you've received while in the military.
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Old 07-09-2013, 08:12 AM
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Does anyone have any expertise in this area, that can verify or debunk the article?
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Old 07-09-2013, 08:30 AM
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Originally Posted by TheFly View Post
1. Have you ever been arrested?

Would/could be a factor in your security clearance. Perfectly acceptable for an airline to ask.

2. Are you married?

Haven't seen this on an app yet.


3. What religious holidays do you practice?

See number 2

4. Do you have children?

See number 2

5. What country are you from?

See number 1

6. Is English your first language?

This is an ICAO requirement, although I've never seen it on an app as "First" language. It's worded just like the FAR's, "Able to read/write/speak english."

7. Do you have any outstanding debt?

Question I've seen on every security clearance I've ever gotten, have yet to see it on an app.


8. Do you socially drink?

See number 2

9. When was the last time you used illegal drugs?

They don't need to ask, you'll be tested (and probably have been tested for some time if you've come up through the aviation ranks). What I have seen asked is if you've worked at a job subject to testing, and have you ever failed such a test.

10. How long have you been working?

10 year work history is perfectly acceptable to ask, also another security clearance question i.e. FedEx and thier 5 year INCONUS requirement.


11. What type of discharge did you receive in the military?

Hell yes they can ask this question (or have you ever recieved a dishonorable discharge). They can also ask for your DD214.

Who ever at Yahoo wrote this is just trying to stir the pot. I would advise against poking the bear at a potential employer if they ask any of these questions.
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Old 07-09-2013, 01:16 PM
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Don't rely on information from Yahoo if you want it to be accurate.
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Old 07-10-2013, 10:13 PM
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That article is more right than wrong, even considering aviation. There is a difference between what can be asked in an interview/application phase and what can be required for a security investigation, which comes after a job offer is accepted.

A lot has to do with how a question is worded. For example it's illegal to ask "do you own a vehicle to drive to work", but its not illegal to ask "do you have reliable means of transportation to get you to and from work"?

The military discharge thing is not prohibited, but generally seen as taboo during hiring. State and Federal Equal Employment Opportunity (EEO) laws do not prohibit you from asking about the type of discharge. However, asking a veteran to reveal the nature (“characterization of service” in military parlance) of their discharge is considered private information, similar to asking someone “what kind of a disability do you have?” I have seen the question "have you ever received a discharge from the military that was other than honorable?"
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Old 07-11-2013, 05:31 AM
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Hagen could chime in....

Interviewers want to hire people like them with the same values... they can't ask if you are married but you can certainly tell them....
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Old 07-11-2013, 08:50 AM
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Originally Posted by FlyerJosh View Post
The military discharge thing is not prohibited, but generally seen as taboo during hiring. State and Federal Equal Employment Opportunity (EEO) laws do not prohibit you from asking about the type of discharge. However, asking a veteran to reveal the nature (“characterization of service” in military parlance) of their discharge is considered private information, similar to asking someone “what kind of a disability do you have?” I have seen the question "have you ever received a discharge from the military that was other than honorable?"
Yes, not illegal but might be risky to ask for a typical employer. Any reservations the airlines might have are overcome by the security issues...an non-honorable discharge is almost certainly associated with UCMJ conviction(s), which are relevant to the background check.

Airlines are pretty aggressive about pushing the boundaries of employment law WRT security issues...they would much rather defend the occasional nuisance lawsuit than hire a pilot with a criminal past. Juries have historically been pretty tolerant of airlines as soon as they play the "public safety" card in court.
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